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Housing Society :Elections, Permissions, & Maintenance Charges

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This article explores the dynamics of a cooperative housing society, highlighting the advantages and challenges associated with such residential arrangements.

Introduction 

A home holds significant sentimental value for individuals, prompting thoughtful consideration before its purchase. Modern preferences now lean more towards homes in spaces that offer maximum benefits. 

In fact, cooperative housing societies have emerged as a favoured choice, driven by economic advantages such as affordable down payment schemes and extended mortgage terms. Moreover, responsibilities like maintenance charges, repairs, electricity, water, and insurance are collectively shared by society members.

Challenges and Responsibilities Associated with Housing Societies 

While housing societies were initially established to address disputes among members, achieving this goal has proven challenging. Instances of discord between managing committees and members persist due to the absence of clear guidelines and governance. Despite the potential for resolution, these issues often linger.

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Various challenges and responsibilities must be navigated to uphold order in a housing society, as outlined below:

Elections

Cooperative housing societies operate primarily under model bye-laws, delineating rules and procedures for various facets, including elections. Once the society undergoes online or offline registration, the Chief Promoter must announce the First General Body Meeting within three months. 

The meeting’s priority is discussing elections, leading to the formation of a Provisional Committee until the official election. Elections occur every five years, with members choosing office bearers through various voting systems. Failure to conduct elections allows members to demand one, and refusal can lead to formal complaints filed with the deputy registrar.

Maintenance of Co-operative Housing Societies:

Managing premises in a housing society and accommodating numerous coexisting families, poses significant challenges. Maintenance charges, deposited by members, often become contentious when perceived as exorbitant. Transparency and communication are vital in addressing this issue.

The solution?

Regular meetings should be conducted to determine maintenance charges, with committee accounts made accessible to society members. 

Maintenance charges cover various aspects, including service charges for lift and garden upkeep, parking charges, water charges based on flat inlets, non-occupancy charges, and charges for leased or rented flats.

List of Maintenance Charges in Co-operative Housing Societies:

Service Charges

Charges for various operations such as maintaining the lifts, gardens, salary for watchmen, etc are spent using the maintenance charges deposited by the members

Parking Charges

These charges are applicable to those who own vehicles and rates are fixed by the society and vary for two-wheelers, four-wheelers, and open and closed parking

Water Charges

Applicable for all residents and the charges are based on the total number and size of inlets provided in each flat

Non-Occupancy Charges

A fixed charge must be deposited by the owners who have left their flats unoccupied. However, these charges should not be more than 10% of the service charges

Lease and Rental Charges

Based on the built-up area of the flats, a specific amount is deposited if the flats are rented or leased out.

Parking Space in Housing Societies

Parking spaces in housing societies require meticulous management. 

  • Uniform parking bye-laws are essential to prevent unequal treatment of residents. 
  • Strategies to curtail unofficial parking and regulate guest parking spaces should be devised. 
  • Instances, where a paid parking space is allocated to one family member should be avoided,  as it may pose challenges when additional vehicles enter the equation. 
  • The managing committee’s permission should be sought before accommodating another vehicle in the allotted space.
Micromanagement issues, such as security guards restricting guest parking, can lead to frustration among residents, necessitating escalation to the management.

Security Neglect Issues

Security is a primary reason for opting for housing societies, yet its effective implementation remains debatable. Neglecting security arrangements can result in significant losses for residents. Housing societies must stay updated on security measures, replacing apparatuses when necessary. Installing and servicing CCTVs at regular intervals is crucial to ensure robust security infrastructure.

Illegal Construction Issues

Illegal construction and encroachment on public property present substantial challenges for housing society members. Members may also misuse vacant spots outside the premises for personal parking, constituting illegal encroachment. 

Addressing such issues requires informing and educating those individuals violating parking laws. The managing committee must also play a pivotal role in ensuring immediate curtailment of space encroachment.

Water Shortage Issues

Water shortage is not a new age problem in urban cities in India. Although the housing societies advertise 24×7 uninterrupted water supply, it is seldom true. When there is a restricted water supply, some residents tend hoard and store water. 

Moreover, there are also instances of unannounced water supply cutoffs, unhygienic water, or leaks due to poor maintenance which necessitate approaching municipal authorities or legal recourse. 

Conclusion

Living in a cooperative housing society presents a unique set of advantages and challenges. While the economic benefits and shared responsibilities create a harmonious living environment, the article underscores the importance of effective governance and clear guidelines to address common issues. However, by engaging with appropriate forums and authorities, residents can contribute to building a thriving and well-managed cooperative housing community.

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About the Author

Sushmitha Pawar, Senior Legal Expert at Vakilsearch, specialises in Matrimony, Property, Banking, Cyber, IP, Corporate, and Civil Law. With over two years of experience, she offers expert guidance on NGO registration, compliance, and fundraising. Known for her professionalism and integrity, Sushmitha provides reliable, practical legal solutions for clients.

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