Q. Our society has 19 members and this year the managing committee’s term is due to expire. Is it mandatory to conduct the election under the supervision of the state cooperative election authority or we can manage our own election in the AGM? S. Viswanathan, Matunga
A. Housing societies with less than 250 members are classified as "Type E" under Rule 4(V) of the Maharashtra Cooperative Societies (Election to Committee) Rules, 2014. Under Rule 76B, the managing committee may appoint a returning officer either from the panel approved by the State Cooperative Election Authority (SCEA) or from among the society's members. The election process must begin 60 days before the existing committee's term expires. If a society appoints one of its members as returning officer, the individual must undergo election-related training conducted by the District Housing Cooperative Federation or another institution notified by the state government. If the society has no trained member eligible to serve, it must appoint a returning officer from the panel maintained by the divisional joint registrar to conduct the election process.
Q. A tree branch in our housing society fell on my parked car, damaging the roof and side mirror. My insurance does not cover the loss. Can I hold the society liable for repairs, considering I had submitted a written request to trim the trees before the monsoon but no action was taken? Meeta Ganoo, Vile Parle
A. Yes, you can hold the managing committee liable for the damage. Under society Bye-law 155, the committee is responsible for maintaining the premises, including trimming dangerous tree branches before the monsoon, to ensure residents' safety. Despite your written request, the committee failed to act. As the loss resulted from its inaction, compensation should be recovered from the responsible committee members rather than society funds. Bye-law 161 prohibits individual members from cutting or trimming trees within the society compound, leaving residents dependent on the committee to take action. If your society has an advisory complaints committee, you may file a complaint against the managing committee for neglecting its duties. If the committee fails to compensate your loss, you may raise the matter before the general body, which has the authority to consider your claim and initiate action against the office bearers responsible for the negligence.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
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