There are frequent problems between housing societies, individual unit owners, and outsiders. Many apartment owners are at a loss for what to do and are unsure how to proceed. Car parking, leaks, unauthorised buildings, fraudulent auditing, pets, and other such issues are common at a cooperative housing society
Discussions can resolve all the basic problems in any CHS
Managing Problems in a Cooperative Housing Society (CHS) is a very delicate subject that requires mature and diplomatic handling.
Some Notable Basic Points of Conflict in a Cooperative Housing Society (CHS)
- Establishment of a housing society committee
- Audits and collection of maintenance funds
- Water use, treatment, and sewage disposal
- Pets and minor parking concerns
- Female renters and bachelors
- Common Area Facilities
- Encroachments on common areas
- Memberships of Club Houses
Besides this, members and the managing committee members in the Cooperative Housing Society (CHS) often feel resentment toward each other. This can be avoided by having open conversations and following the rules.
Many residents are also unfamiliar with their cooperative housing societies’ (CHS) activities and are perplexed when faced with a wide range of legal compliance issues. If a problem keeps occurring, the complainant can talk to the right people, such as the deputy registrar for cooperatives, the consumer or cooperative court, the local government, or the police.
It is therefore important that the homeowners first grasp their legal options before taking action to protect their rights.
As a good governance practice, whenever there is a meeting in a cooperative housing society (CHS) about the responsibilities and rights of the housing society’s management committee and its members, it’s important to record the conversation on video so that no one can lie about what was said. The management committee’s power and authority can therefore be controlled through the effective use of technology.
Q: What are the responsibilities of cooperative society members?
A: They are obliged to follow the rules of society. This is important to keep up the general discipline that is needed for good group work and to foster a spirit of cooperation and understanding. Mistrust, confusion, and instability result from breaking society’s rules.
Q: How do I express my displeasure with society’s president?
A: The member should file a written complaint with any of the society’s office-bearers, detailing the allegation in full. The Managing Committee evaluates the complaint, takes decisions, and communicates the results within 15 days.
Q: Is CHS subject to the Right to Information Act (RTI)?
A: A cooperative society is an “establishment of self-government” that falls within the RTI Act, according to section (h)(a) of the Act.
Q: Is it possible for defaulters to attend the AGM?
A: Yes, attending the AGM is a part of one’s owner/membership rights.
Q: How can you get rid of a housing society’s management committee?
A: One of the following parties can dissolve a society:
(a) The Registrar and (b) its members
An SBM (special body meeting) is called to decide if the society should be dissolved right away or at a later date that the members agree on.
Q: What can be done about society’s defaulters?
A: A recovery officer might take measures like attaching your property or auctioning it if necessary.
Q: What if the Cooperative Housing Society’s (CHS) chairperson resigns?
A: When he or she resigns, the other members must ask them to serve as caretakers till the new chairperson is selected or elected. They can also summon a general body meeting (GBM) to call an election or nominate a chairman until the election is held.
Q: What function does the president play in the housing industry?
A: The President/Chairman is in charge of the Managing Committee, or Housing Society Association. The President is the Society’s point of contact for all legal problems.
Q: What are the bylaws of a cooperative society?
A: The bye-laws specify the society’s purpose while also limiting what the society can achieve. However, the Act, not the bye-laws, determines the rights and responsibilities of members. All members must follow the bye-laws, which are the rules that keep the society running smoothly.
Q: How can I get rid of the chairman of the housing society?
A-If the chairman, treasurer, or secretary of a building loses a vote of confidence, they may be dismissed in a meeting held by the other managing committee members and chaired by the Registrar of Societies.
Q: Can society members dissolve a committee?
A: The motion must be supported by 3/4 (5 members) of the members voting. A vote on a resolution at the special general body meeting is, however, just a vote of no confidence. It won’t change anything unless the chairperson quits because of the resolution.
Q: Is it possible for a housing society to have a shared secretary?
A-A society’s Management Committee (MC) can choose one of its members to be the Joint Secretary (just for administrative ease), and that Joint Secretary can be given the power to be an “authorized signatory” if the majority of decisions and resolutions say so.
Q – Are society’s bylaws legally binding?
A – They are a guideline. According to their bye-laws, individual societies have been using the legal ability to refuse occupancy. However, they do not have a constitutional right to do so and can be challenged in a court of law.