Every member of a cooperative housing society (CHS) has an equal right and should be able to access and examine the Society's documents which are maintained by the managing committee of the Society. However, sometimes managing committee members are less inclined to disclose documents, either to hide incidents of corruption or wrongdoing or out of spite for other residing members. 
 
In such cases, members can complain to the deputy registrar of cooperative societies. No document of a CHS, be it account statements, redevelopment tenders or conveyance deed, should be considered confidential. All resident members have the right to ask the managing committee to inspect or examine the Society documents. This week, I shall provide a solution for one such case. 
 
We will also look at other cases where residential flats have undertaken illegal structural modifications, the legality of sons or daughters attending general body meetings of the Society in place of the actual member and the need for cancelling a power of attorney granted to a builder during redevelopment. 
 
Confidentiality of Conveyance Deed and Other Society Documents 
 
Question: Our housing society is two years old and has only 19 flats. We have asked for conveyance from the builder and he has given it. The documents are with the Secretary of our Society and he is unwilling to share them with all members. He says that such documents are confidential and cannot be shared. How do we handle this situation and confirm whether conveyance has been granted to us?
 
Answer: Society's documents are not confidential. You can make a complaint against the secretary of your Society to the deputy registrar of cooperative societies of your area, under the bye-law No. 174(A)(xxii), to acquire and verify the conveyance of your Society's building and land.
 
Following are the six documents related to the conveyance of your Society's building and land, which you will see from your Society's office.
 
(1) Sub-registrar of assurances registered conveyance deed of your Society's building and land, executed by the builder of the Society and its land owner, with the Society's managing committee.
 
(2) Property card, a document of your Society's land, given by the city survey office.
 
(3) Property map, which shows your Society building's outline and can also be obtained from the city survey office.
 
(4) 7/12 extract of your Society's land and mutation entry in form-6, both obtained from the talathi office.
 
(5) Common area municipal tax bill, issued by assistant assessor and collector, in Society's name.
 
If one or more of these documents are not available, then the conveyance of your Society is not done.
 
Member of Society Sends Son or Daughter to Society Meetings
 
Question: One member of our Society has two flats. The first name as per the agreement on both the flats, is the same. On one flat, the second name on the agreement is that of the son of the primary owner. On the other, the daughter has been named as the second person in the agreement. 
 
The problem is that the actual member of the flat does not attend the annual general meeting (AGM) and sends her son and daughter to attend instead. Please guide me on the legality of this matter as it pertains to voting. Can both of them attend and vote during the AGM?
 
Answer: If a member sends his son or daughter to attend the AGM of the Society, and such son or daughter is more than 18 years old, then they should be made associate members. This can be done by filling the appendix-5 form and the member's son or daughter's attendance form in appendix-10-A (from the model cooperative housing society bye-laws).
 
The member should also pay a one-time entrance fee for becoming an associate member of Rs100 by a crossed cheque in the name of the Society. Then, the member's children can attend the AGM of the Society and also even contest the managing committee elections.
 
NOTE
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Illegal Structural Changes in Residential Flats
 
Question: Many people have made large-scale changes in their apartments, such as huge flower beds, structural changes to increase living room space, ducts converted into reading or prayer rooms, etc. Where do I lodge a complaint as a concerned resident, and what will the procedure be involved?
 
Answer: Against such structural changes of the flats in your Society, make a complaint against each of the flat owners to the local municipal ward office by making the Society party to your complaint.
 
The ward officer of the local municipal ward will call a hearing in his office by calling the complainant, the Society's office-bearer and the flat owners, and ask the flat-owners to pay a fine and regularise their illegal changes in their flats or demolish the changes in their apartments.
 
Cancellation of Power of Attorney with Builder after Completion of Redevelopment 
 
Question: We would like know whether it is important and necessary to cancel a power of attorney (PoA) given to the developer after taking possession of the flat. If it has not been done, what could be the consequence? Could the builder misuse the power of attorney to use floor space index (FSI), if available, for the building in other locations?
 
Answer: It is necessary to cancel the power of attorney given to the builder during the redevelopment of the Society's building when the construction of your Society's building is completed.
 
If the builder is not ready to make a registered cancellation of PoA deed, then you have to pull him to the court of law. If the registered PoA document is left with the builder when FSI is increased, then the builder may use it and build additional flats on or around the Society's building(s).  
 
Disclaimer: The guidance provided in these columns and on our Legal Helpline is on the sole basis of the facts provided by the reader/questioner and does not amount to formal legal advice in any form whatsoever. 
 
(Shirish Shanbhag has an MSc in Organic Chemistry, a 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.)