CHS PROBLEMS SOLUTIONS

In a cooperative housing society (CHS/the Society), many disputes that appear straightforward can become complicated if not addressed responsibly in a timely manner or when essential records are missing. Whether it is the Society’s obligation to address damage to a common part of the building or a member’s difficulty in tracing records of an old property transaction, timely communication and proper documentation can make a significant difference.

 

This week’s questions highlight both situations. One concerns a top-floor resident who had to undertake roof repairs after repeated complaints about leakage went unattended and is now seeking reimbursement from the CHS. The other involves a much older problem: a property acquired through a Society decades ago, where the share certificate was never issued and the Society itself was subsequently dissolved. In both cases, the paper trail — from complaints and repair bills to membership and society records — becomes crucial in determining the next steps.

 

 

 

 

Answer: Under the applicable Maharashtra Cooperative Housing Society bye-laws, repairs to the terrace and parapet walls, structural repairs to the roof and repairs arising from rainwater leakage from the terrace are generally the responsibility of the Society. The bye-laws also cover damage to the ceiling or plaster of a top-floor flat caused by leakage from the terrace.

 

Since you had already informed the Society in writing about the roof damage and leakage, and also informed the managing committee before starting the repair, you can submit a formal claim to the Society for reimbursement of the reasonable expenses incurred for the repairs that were the CHS’s responsibility. Attach copies of your earlier complaints, photographs of the damage and leakage, your repair estimate or invoice and proof of payment.

 

However, reimbursement is not necessarily automatic merely because you carried out the repair yourself. The Society may examine whether the work was necessary, whether it related to the Society’s responsibility and whether the expenses were reasonable.

 

If the Society does not respond to your written claim or rejects your claim, you should first make a formal written complaint to the managing committee and obtain a written decision. If the dispute remains unresolved, a dispute between a member and the Society relating to repairs or leakage, including a claim for the expenses incurred for such repairs, can be referred to the cooperative court under Section 91 of the Maharashtra Cooperative Societies Act, 1960. The model bye-laws specifically include repairs and leakages among the disputes falling under Section 91.

 

You should keep copies of all your emails and complaints, photographs of the roof damage and leakage, the repair quotation and bill, proof of payment and any communication from the Society. These documents will be important if you have to approach the cooperative court to recover the repair expenses.

 

 

 

Answer: You have not given all the details of the matter. However, I can give you some guidance.

 

If your father had paid the full amount for the house and the Society’s records show his membership/share interest, the fact that the share certificate was not physically handed over to him does not by itself mean that he had no rights in the Society.

 

Since the Society was dissolved in 2011, first find out from the jurisdictional deputy registrar/assistant registrar of cooperative societies how and why the Society was dissolved, and obtain a copy of the order relating to its winding-up or dissolution. Also find out whether a liquidator was appointed and who is presently responsible for the Society’s records.

 

Take all the documents available to you, particularly your father’s original payment receipts, purchase and allotment documents, correspondence with the Society and your father’s death certificate. The receipts mentioning payment towards the share certificate will be important evidence.

 

You should also find out what happened to the Society's share register and other records after its dissolution. If the Society's records are available with the liquidator or another authority, you can make your claim on the basis of those records and the documents available to you.

 

As your father is no more, you will also have to establish your right as his legal heir or beneficiary before the membership or share interest can be transferred into your name. The exact documents required for this will depend on whether your father left a Will and on the other legal heirs.

 

Therefore, your first step should be to approach the deputy registrar or assistant registrar having jurisdiction over the society and obtain the complete details of the society's dissolution and the person or authority holding its records. Once that is established, you can take the necessary steps to establish your father’s share interest and have the records transferred to the person legally entitled to it.

 

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