The rules governing the functioning of a cooperative housing society (CHS/the Society) in Maharashtra continue to evolve, drawing renewed attention to the responsibilities of managing committees and the rights and responsibilities of members. Changes in the regulatory framework can affect how societies conduct their affairs, and it is important for both the managing committee and members to understand the applicable procedures rather than rely on established practices or assumptions.
 
For members, however, the practical difficulties often arise when governance issues remain unresolved. Questions about the conduct of elections, the resignation of a managing committee member, access to society records and documents, and the handling of financial matters can quickly become contentious. This week's questions look at some of these situations and the steps members can take when the functioning of their society comes into question.
 
Understanding the 2026 Housing Society Election Process in Maharashtra 
Question: What are the new rules for housing society elections under the Maharashtra Cooperative Societies (MCS) Rules 2026, and what are the main changes from the previous system? Can the managing committee make a general appeal to members to volunteer as an internal returning officer with just 24 hours’ notice?
 
Answer: Under the new election provisions for housing societies, the election has to be conducted through the prescribed election process and by the returning officer or authorised officer appointed under the applicable rules. The managing committee should therefore approach the concerned registrar/cooperative department authority to appoint the election officer or returning officer, as applicable to the Society.
 
Since the managing committee lacks authority, it should not appoint a member as an internal returning officer on its own. A general appeal asking members to volunteer, even with 24 hours’ notice, does not by itself replace the prescribed appointment procedure. The applicable election programme and procedure should be followed.
 
Once the new managing committee is elected and assumes charge, its term is five years. The term is therefore counted from the date on which the newly-elected managing committee takes charge of the Society.
 
Parking Disputes and Recovery of Long-Pending Society Dues
Question: We are a small society of 20 members. There are five members on the managing committee (MC), comprising the chairman, secretary, treasurer and two other members. The general members have, on several occasions, raised various issues affecting the Society through letters addressed to the MC. However, these letters were ignored and the MC continued to function in an arbitrary manner.
 
On receiving the annual report for FY25–26, we noticed several payments which appeared to require clarification, including an expenditure of almost ₹12,000 on ‘printing & stationery’. We asked the MC for clarification a week before the annual general meeting (AGM). On the day of the AGM, we received the explanations, but they were neither in order nor satisfactory. At the end of the AGM, the MC announced their resignation.
 
Can the MC resign abruptly without giving proper notice or handing over the Society's records and affairs?
 
I am also in the process of getting my ancestral property (flat) transferred to my name. To obtain the release deeds and no objection certificate (NOC) from my siblings, who are not in Mumbai, my advocate asked me to obtain the following documents from the Society: (1) Society NOC (original), (2) copy of property card, (3) copy of property tax bill (BMC Assessment Bill), (4) copy of occupation certificate and (5) copy of full commencement certificate. 
 
When I approached the Secretary, he refused, stating that the MC had resigned and that I would have to approach the deputy registrar for cooperative societies. Kindly advise whether the MC's behaviour is in order and what action I should take.
 
Answer: First, ask the MC to confirm whether the members have formally submitted their resignation letters and whether the resignation is of the entire MC or of individual committee members. A statement made at the AGM that the MC is resigning should not, by itself, be treated as sufficient proof that the entire committee has ceased to function.
 
You should also ask the secretary to confirm in writing who is presently responsible for the day-to-day affairs and records of the Society, and to whom the Society’s documents and responsibilities have been handed over, if the committee has in fact ceased to function.
 
If the MC has genuinely resigned and the Society is left without a functioning committee, you may write to the deputy registrar of cooperative societies, enclosing copies of your earlier letters and the relevant AGM record, and request appropriate directions regarding the Society’s management and the holding of the next election. The deputy registrar may take such action as is permissible under the Maharashtra Cooperative Societies Act and the applicable rules and bye-laws; appointment of an administrator is not automatic merely because the committee has announced its resignation.
 
As regards the documents and NOC required for the transfer of your flat, you should submit a separate written request to the Society, clearly listing the required documents and retaining proof of your request. If the Society refuses to provide the documents or give a reasoned response, you may place that refusal before the deputy registrar along with your complaint regarding the functioning of the Society.
 
The expenditure mentioned in your question should also be raised through the Society’s records and audit or AGM process. The fact that an expenditure of ₹12,000 was incurred on ‘printing & stationery’ does not, by itself, establish that the expenditure was improper; the supporting bills, vouchers and explanation from the Society would need to be examined.
 
  NOTE
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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.)