CO-OPERATIVE SOCIETY DISPUTE:

Cooperative societies are voluntary groups for shared needs, commonly categorized by function, including Housing Cooperative Society, Consumer Co-ops (better prices), Producer Co-ops (processing/selling goods), Marketing Co-ops (selling outputs), Credit Unions/Societies (financial services),  and Farming/Agricultural Co-ops (resource sharing)

Housing Cooperative Society

Housing societies aren’t always the safe and trouble-free utopias we imagine them to be and do have their own share of woes and travesties, as does everything else in life. Some problems have a way of appearing, reappearing, and recurring in the life of an average housing society resident. Some of the problems faced by co-operative societies are loud neighbors, tyrant committee members, careless service staff, irresponsible builders… the list goes on. But for every problem, there is a failsafe solution with us, provided some foresight and a lot of proactiveness is applied. Find out more about the common nuisances in housing society problems and their solution.

1. High maintenance charges

There are predefined components for which the member has to pay maintenance charges, such as water, service, common electricity, etc. However, in many cases, it has been observed that the managing committee bills members randomly and illegally for surplus charges under false pretexts, such as charges for keeping pets, using elevators for transporting new furniture, etc.

2. Parking woes

There are some / One slot is allowed per member to park their four-wheeler or two Wheeler, unless specific arrangements are made by the society, for which it charges extra. whether a member is allowed to park either a commercial or a personal vehicle? When there is a shortage of slots, a draw is used to determine the parking arrangements. If the owner does not have a parking slot and rents out his residence, it is his responsibility to make available a parking spot for the tenant? whether Visitors are also legally allowed to park their vehicles inside the society?

3. Corrupt committee members

It is no secret that corruption runs rampant where power is centralised. In the case of the managing committee of housing societies, certain dishonest members or office bearers embezzle funds for personal benefit and some committee members pay no heed to such malpractice. Incidents such as misappropriating society’s funds and showing falsified statements, charging members with unnecessary bills, writing off pending dues from certain members, embezzling funds from redevelopment loans, bribing officials for fraudulent expenses, etc. are commonly registered as complaints. In many cases, managing committee charges massive non-occupancy charges from unsuspecting residents even when the apartment is occupied by a close relation or is locked.

4. Unfair/irregular elections

Dictatorial behaviour by the committee members is noticed in many Indian societies where the sitting Managing Committee refuses to conduct a fresh election (to be held every five years). Same members retain their position and misuse their authority to bully or manipulate members out of their rights. When they do conduct an election, certain votes are neglected and members favoured by MC are given preference for qualifying rounds. Certain chairpersons/secretaries elect the entire managing committee by themselves, disregarding member votes.

5. Encroaching of space/ illegal construction

This is a common conflict that is often faced by the managing committee. Many members occupy common spaces in the vicinity of the apartment/home, turning it into a shed, garden or parking slot. Illegal apartment extensions are also built from within the residence, occupying extra dimensions than allowed by the society. This is a violation of the rights of the neighbors and flouting the rules of the society as a whole.

6. Safety neglect

Some societies are careless about their security measures, due to which the residents become victims of theft, vandalism and occasionally graver crimes. At times, the security framework is lax or the security guards are missing/neglectful, resulting in the unnecessary nuisance to members by vendors and salesmen. Even in the case of the society installing CCTV systems, the equipment is not upgraded or repaired when it stops working. Additionally, in common areas such as the parking lot, staircase, swimming pool, community hall, garden, there are broken light bulbs, open manholes, structural damage, broken pipes, glass that often lead to accidents and injuries. Some buildings do not have up to date fire fighting equipment, emergency drill routines and are not earthquake resistant.

7. Builder not doing his due diligence

Your society may have come across cases of negligence or profiteering on behalf of the builder/developer such as selling of empty parking lots, renting of common spaces within society premises without authorization, not procuring Occupation Certificate, Completion Certificate, not making available building plans to the society, not executing conveyance and property card in the name of society. At times, they do not share the profit accrued from selling hoarding spaces or mobile tower space on the terrace, unfairly using the building FSI/TDR for other constructions.

8. Fraudulent/Incomplete Audits

Some societies appoint morally dishonest Auditors who turn a blind eye to the misappropriation of funds by the managing committee, taking a cut from the funds. Even if the Auditor is honest in reviewing the finance, thousands of societies in Mumbai and other cities do not submit the audited accounts to the authorities, resulting in de-registration and penalties. Mismanagement of financial statements and cash books results in ineffective audits. Bad bookkeeping on behalf the committee prevents the auditors as well as the residents from a clear and fair view of the society’s financial undertakings.

9. Nuisance caused by residents

This problem comes in many shapes, sizes and forms. Check any complaint board websites of almost any state in the country, you will find members complaining about unruly neighbours such as loud music at ungodly hours, blaring stereos in cars, littering society premises, throwing food scraps from the pantry, feeding birds in balconies, children and sometimes adults playing cricket and other sports extremely noisily after prescribed play hours in gardens, members getting in scuffles with watchmen and other staff, tenants or even homeowners behaving in unsavory and disrespectful ways, smoking and drinking in society premises, among others. The list is seemingly endless and even renewed with new complaints describing strange and uncivilised behavior by the residents

10. Water shortage

There are a sizeable number of buildings that supply 24/7 water while in the case of others, the municipality provides water at fixed hours throughout the day. In such cases, the residents fix water tanks overhead to store water. However, only the specified size of water tank is approved to be fit as per the rules of the society so as to not hoard. When the buildings do not have overhead tanks and the water supply is governed by the society, it has been observed that the managing committee cuts off the water supply throughout the day or during busy hours such as mornings and evenings without giving prior notice to the member. When the supply is given, in some cases, it is not enough for a family to go about their routine. Other issues that have been highlighted include water leakage due to improper maintenance and supply of unhygienic water due to lack of water tank maintenance.