Living in a cooperative housing society (CHS/the Society) offers many benefits—shared amenities, collective decision-making and a sense of community. However, it also brings with it a fair share of everyday challenges. From disputes over parking, billing errors and misuse of common spaces to broader concerns such as noise pollution, unauthorised construction and poor governance, CHS members often find themselves at a loss about where to turn for help.
 
Unfortunately, many residents are unaware of their rights under the Maharashtra Cooperative Societies Act and model bye-laws, or of the legal remedies available to them. As a result, genuine grievances often remain unresolved or are brushed aside in the name of managing harmoniously.
 
This week, I will address concerns regarding the allocation of parking after the purchase of a flat from a builder, and the problem of noise pollution or disturbance that negatively impacts the lives of residents in housing societies. 
 
Allotment of Parking Space in Housing Society
Question: I purchased a flat in Taloja but did not buy a parking space. The builder has sold the stilt parking which he was not supposed to. Now he has applied for Society formation without my signature, and I suspect he may have submitted documents allotting stilt parking to those who purchased it. Please advise what I can do to get a parking space.
 
Answer: Stilt parking in a proposed CHS cannot be sold by the builder, as it is not included in the floor space index (FSI) of the building. If the builder is forming the CHS without including your name, there is nothing wrong with that, since forming a CHS requires the consent of at least 60% of the flat-buyers in the building. Once the CHS is formed, all flat-buyers become original members of the Society.
 
I presume that you have purchased your flat with a municipality-approved building plan and that your sale deed includes the approved floor plan with your flat marked on it. I also presume you have paid the appropriate stamp duty and registered your agreement with the sub-registrar. If the builder has sold stilt parking, it amounts to an illegal sale. You can file a complaint in the consumer court against the builder.
 
After the Society is formed, if it honours the builder’s sale of stilt parking (provided it was included in the FSI), it may allow exclusive rights to those buyers. However, if the stilt parking was constructed without consuming FSI, then under bye-law no174(B)(iv), you can file a complaint against the Society in the cooperative court for permitting exclusive rights.
 
Once you become a member of the CHS and the Society has not allotted you a parking space, you can file a complaint in the cooperative court under bye-law no174(B)(iv), in accordance with bye-laws 78 to 84.
 
Noise Disturbance from Practice of Dhol Tasha Group 
Question: I live in a CHS with around 190 flats in Pune. The Society spends money on religious festivals every year, such as Ganesh festival and Navratri. Some cash collections are made from members for these events. Recently, the committee brought in a dhol-tasha group for Ganesh visarjan. Being amateurs with no prior experience, they have started practising near the clubhouse which is right opposite my flat (I live on the first floor). They practice daily from 6pm–7pm and continue until 9.30pm–10pm. The noise pollution this creates every evening is very disturbing for me, my family and many other society members.
 
I requested the organising committee to conduct the practice outside the Society, especially since this is likely to become a yearly activity. However, they claim it should be bearable for everyone, as they do not have any other option. I do not believe this is the right way to handle things.
 
I want to know if it is legally permitted to beat drums (dhol-tasha in this case) inside the Society premises? And whether CHS laws allow this kind of disturbance in the name of festival celebrations? If I understand the legal position, I plan to raise the issue at the Society's annual general meeting (AGM).
 
Answer: Practising drums and other musical instruments within the Society premises—especially when it causes noise pollution and disturbs members—is certainly objectionable.
 
You should file a written complaint with the Society under bye-law no172, requesting that the drum beating and musical practice near your flat be stopped. You may also inform the Society that, if the noise pollution continues, you will approach the police under bye-law no174(E)(iii).
 
If the noise does not stop within three to four days of your complaint, you can dial 100 and file a complaint about the loud noise. Usually, the beat marshal from the local police station visits the place and stops the drum beating. If it does not resolve the issue, then you need to file a written complaint with the local police station regarding noise pollution. If no action is taken by the police within another three to four days, you can visit the same police station on a Saturday between 9am and 10am, when the assistant commissioner of police (ACP) is available to hear complaints. Take a photocopy of your earlier complaint along with you.
 
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. 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.)