Cooperative housing societies (CHS) as we know, are managed by a committee elected by the members of the CHS. This managing committee is responsible for maintaining the common areas of the CHS, collecting regular maintenance fees and resolving any disputes that may arise among the resident members. This can be a challenging task, especially when there is lack of transparency. 
 
At times, committee members may not share all the relevant information with residents and even decision-making processes are intentionally hidden from them, eventually leading to distrust and conflict. Corruption and mismanagement of funds are also common issues that plague housing societies. 
 
Moneylife Foundation’s Legal Helpline has been receiving many queries from residents and shop owners in housing societies. While the questions have been varied, covering many different issues, this week, we are looking at a case of car parking allotment, where a resident is being forced to park one of their cars in front of their stilt parking, blocking their other car; another case where waste disposal in an association of apartments has not been managed effectively. In one CHS, both the secretary and treasurer cannot give sufficient time to the CHS work due to their job commitments and want to resign, but the chairperson is not accepting it. 
 
Solutions to these queries have been provided based on the relevant CHS bylaws and have been answered by the expert counsellor Shirish Shanbhag, from his experience handling such issues over the decades.
 
Allotment of Parking Spots in Housing Society
 
Question: I have two car parks (one open and the other stilt) with appropriate allotment letters issued by the CHS. The new Secretary is forcing me to park one car in front of the stilt parking, essentially blocking my second car. To my knowledge, no other member has been asked to do this. The secretary has done this with the help and coordination of the security guard in our building. He allows another member to occupy my car park when it exits the building. Nothing is communicated to me in writing and no response has been given to my objections.  
 
Answer: Car parking allotment in the CHS is governed by Bylaws Nos. 78 to 82 (as per the Cooperative Housing Society Bylaws of 2014).
 
If there is no shortage of car parking space in your CHS, then you can continue to park your cars, as you have been doing thus far. If there is a car parking shortage, then you will have to give up one of your parking lots.
 
If your CHS is asking you to vacate one of the parking lots, even when there is no shortage of parking space, then, under Bylaw No. 174(B)(iv) make a complaint against the CHS to the cooperative court.
 
Problems with Waste Disposal in an Association of Apartments
 
Question: I am having issues in terms of waste disposal with my neighbouring apartment. Who should I be filing a case against? Should this be against the association? Who will be the point person from the association who would face this case? The builder has handed over this property to a registered association.
 
Answer: Any association of apartments should allocate a person to collect and deposit the waste from each flat daily. You should raise a complaint against your neighbour to the association of apartment owners for improper waste disposal.
 
If your association of apartments does not provide a daily waste disposal service, then make a complaint against it to the local municipal ward office.
 
NOTE
We will not be answering queries posted in the comments. Only questions sent through the Moneylife Foundation's Legal Helpline will be answered. If you want to seek guidance or ask questions to Mr Shanbhag, kindly send it through Moneylife Foundation's Free Legal Helpline. Here is the link: https://www.moneylife.in/lrc.html#ask-question 
 
Chairperson Refuses To Accept Resignation from Managing Committee Position
 
Question: I am the secretary of the CHS and have recently submitted my resignation to the chairman. The treasurer has also submitted his resignation, as we cannot devote the required time due to our professional/academic commitments and extensive domestic travel.
 
The chairman is not accepting our resignation and is stating that there are certain audits under Sections 83 and 89 underway, and we both cannot leave the committee during this process. The current strength of the managing committee is just 8 (7 general + 1 woman) as there are no other categories of candidates and no other person from CHS is ready to come on board.
 
What can we both do? Do we write to the deputy registrar about this? The chairman is stating that she will not let us go and will not accept our resignation. She says that she will make sure we are also blamed for the wrongdoings of the ex-management committee under Section 73 (1AB) for which the audits are underway.
 
Answer: Both of you should submit your resignation to the deputy registrar of cooperative housing societies of your area, stating that your chairman is not accepting your resignations.
 
Deputy registrar will direct the chairman to accept your resignation and further appoint some other managing committee members for the position of Secretary and Treasurer in your place. In case no one is ready to become the secretary or treasurer, then the deputy registrar will appoint an authorised officer (administrator) to run your Society. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, Diploma in Higher Education, and a Diploma in French and has completed his LL.B. in first class in 2021. Before his retirement, he was a junior college teacher at Patkar College from July 1980 to May 2012, teaching theoretical and practical chemistry. Post-retirement in 2012, he started providing guidance and counselling to people on several issues, specifically focusing on cooperative housing society-related matters. He has over 30 years of hands-on experience in all matters about housing societies and can provide out-of-box solutions for any practical issue.)