Living in a cooperative housing society (CHS/the Society) comes with the benefits of shared responsibilities, but also a fair share of complications. Whether it is questions about maintenance responsibilities, the proper handling of official documents or navigating leadership vacancies, many residents find themselves at a loss when faced with inaction or confusion from their Society’s management.
 
This week, we address pressing concerns that affect both new and long-standing members, from terrace leakages and missing share certificates to improper nomination procedures and functioning without a key office-bearer. Understanding your rights under the model bye-laws can help you take the right steps and escalate matters when needed.
 
Society Fails To Address Terrace Flat Leakage
Question: My flat is located just below the terrace and I experience leakage every monsoon. The Society says there are no funds and that if they fix the issue in my flat, other members with similar problems will object. Please advise the relevant bye-law which makes it the Society's responsibility. Should I approach the deputy registrar for cooperative societies (DRCS)? If the DR passes an order, will the Society be bound to arrange funds and carry out the repairs?
 
Answer: Repairing the terrace leakage affecting the top-floor flat is the Society’s responsibility under the bye-laws. 68(a) and 159(a). If the Society refuses to carry out the necessary repairs, then under bye-law no. 174(B)(iii), you can engage a good lawyer and file a case in the cooperative court against the Society for failing to repair the leakage from the terrace.
 
Managing Committee Misplaces Original Share Certificate 
Question: We are new purchasers and had handed over our share certificate to the Secretary to get our names endorsed on it. He has now lost the share certificate. We do not want a duplicate certificate. Can we legally compel him to issue the original or a newly printed share certificate?
 
Answer: Each share certificate carries a specific number and date which cannot be reused or replicated in a newly issued original certificate. Since the original certificate was lost while in the Secretary’s possession, he cannot charge you for issuing a duplicate share certificate. However, a duplicate is the only legal remedy available once the original is lost. 
 
Also, before issuing the duplicate certificate, the secretary, who lost your share certificate, needs to register an FIR with the local police station. For your safety, ask him to publish a public notice in a newspaper, inviting objections to the issuance of a duplicate certificate. He also needs to convene a managing committee meeting to approve the issuance of the duplicate certificate to you.
 
Application Forms for Nomination in Housing Society 
Question: In my CHS, some of the joint-owners (e.g., a flat having two, three or four joint-owners) have submitted a single nomination form (Appendix 14), nominating each other. Is this legally permissible or acceptable as per the existing bye-laws of housing societies in Thane, Maharashtra?
 
Answer: Each of the joint-owners should submit a separate nomination form as in Appendix 14 of the Co-operative Societies Bye-laws (2014), in triplicate, for their share in the jointly-owned flat. The Society should issue an acknowledgement to each joint-owner immediately upon receiving their individual nomination form. Once the nomination is recorded in the nomination register, each nominee will receive the second part of the form, bearing the nomination number. The third copy of the nomination form is retained by the Society for its records.
 
Society Functioning without an Appointed Secretary 
Question: We have a Society with 186 members. The secretary resigned and sold his flat in May 2025. Since then, there has been no secretary and nobody is willing to take up the role due to the huge responsibilities and the erratic behaviour of certain members. Monthly meetings are also not being called regularly. How long can we continue without a secretary? Will this amount to non-compliance under the CHS Act? Please advise.
 
Answer: Your Society cannot function without a secretary. The Society’s managing committee should write to the deputy registrar, stating that no one is willing to take on the role and request that an administrator be appointed for the Society.   
 
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
 
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. with a first-class degree 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-the-box solutions for any practical issue.)