Life in a cooperative housing society (CHS/the Society) often comes with a unique set of challenges. While the spirit of collective ownership and democratic functioning is central to these Societies, the practical implementation of rules and responsibilities can lead to disputes and confusion. From calculating fair maintenance charges to appointing managing committee members, or transferring ownership of flats after the death of a member, residents frequently encounter situations where the law and Society bye-laws must be carefully interpreted and followed.
 
Many of these issues stem from inconsistent application of the model bye-laws, a lack of awareness about legal obligations under the CHS Act or administrative delays caused by CHS committees acting out of caution or at times, misinformation. In this week’s edition, I shall address queries that reflect such practical difficulties and provide clear, legally grounded responses that can serve as useful references for members facing similar situations. 
 
Calculation of Maintenance Charges on the Basis of Area
Question: We have 13 flats in a CHS in Vile Parle West, Mumbai, with built-up areas as follows—5 flats of 830sqft (square feet), 5 flats of 970sqft, 1 flat of 1,124sqft, 1 flat of 1,830sqft and 1 flat of 2,910sqft. The total maintenance charges for the smaller flats are Rs13/sqft, while for the largest flat, it is Rs5/sqft. This seems very unethical. How can this be resolved under the model bye-laws or any other prevailing laws or court rulings?
 
Answer:  Maintenance charges in CHS are governed by Bye-laws 65 to 71 of the 2014 model Bye-laws. 
 
Monthly contribution collected from Society members referred to in the bye-laws can be broadly divided in two categories, ‘service charges’ and ‘repairs and maintenance fund’. Service charges are collected equally from all members irrespective of their flat size. 
 
Repairs and maintenance charges are collected on a flat size basis, i.e., on a per square foot (sqft) basis. Please refer specifically to Bye-law No. 67(a)(i) to (xvi), which includes:
(i) Property tax
(iii) Expenses on repair and maintenance of the society building(s)
(v) Sinking fund
(xi) Insurance charges
(xii) Society land lease rent
(xiii) Non-agricultural tax on the society's land
 
The above-mentioned charges are levied based on the area of the flat. All other charges are to be levied equally, irrespective of the area of the flat or shop.
 
Appointing Managing Committee Members, Two Years after Election
Question: In the election held two years ago, 10 members were elected. One seat in the reserved category was vacant. Can we now co-opt someone from that category and also make them an office bearer? Is this permissible as per the bye-laws or the MCS Act, 1960? If not, kindly guide us on how this can be rectified.
 
Answer:  If you find a member from the same reserved category, you must seek permission from the deputy registrar of cooperative societies (DR-CS) to add them to the existing managing committee. Such a person can then be appointed as a member of the managing committee and as an office-bearer, such as chairman, secretary or treasurer.
 
Probate of Will Required for Transfer of Flat
Question:  We have submitted a notarised Will of my deceased father to the managing committee of our CHS where we currently reside. In the notarised Will, my father stated that the flat should be transferred in my mother’s name. After six months, the Society is now asking us to submit a probate of the Will instead. I want to know— is it mandatory to get the Will probated for this purpose?
 
Answer:  If the Society does not accept the validity of your late father’s Will, it can ask you to obtain a probate of the Will. If the flat is located within the Mumbai municipal limits, the probate must be obtained from the high court in Mumbai. If the flat is located outside Mumbai, the probate must be obtained from the district court having jurisdiction over that area.
 
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.)