How to Register a Complaint Against Housing Society

August 28, 2019
By Team MyGate
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Living in a housing society is akin to being in a committed relationship, except it gets murkier when things go awry as they sometimes do. We’ve all been in catch 22 situations where if a problem persists, we are damned if we try to solve it and damned if we don’t. After all, it is better to resolve a conflict or dispute peacefully in a way that is acceptable to both parties. If however, the society has been functioning to the detriment of its members, causing unbearable inconvenience, they have the power to right the wrong. Luckily, there are laws that guard you against real and present danger (and even inconvenience) posed to you by incompetent, ruthless or negligent committee members. This post covers the different problems that may arise for members in a housing society and various ways for redressal.

Complaints that can be raised in General Body Meeting:

  • Issues related to maintenance of the property
  • Not displaying society’s name board
  • Not allowing members access to common spaces
  • Charging excessive fines, maintenance, other dues
  • Failure to insure the property

How to submit a complaint to the Managing Committee?

The member should submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society.

In the next committee (after the complaint is received), the Managing Committee reviews the complaint, takes a decision and communicates it to the member within 15 days.

If the members do not receive any communication from the Committee within 15 days, they can approach any competent authorities for redressal of their complaints. A copy of the original complaint letter should also be attached to the escalation complaint.

In cases that are not so cut and dried and require extensive study of legal loopholes and workarounds, members should think about hiring an experienced lawyer (preferably specialising in real estate laws) who can bear the load and present a winning case. As such, housing societies have their own legal advisor/consultant or lawyer who does a good enough job of defending it if trouble befalls. Members who want to present a solid case with all legal intricacies and technicalities covered in a complex situation, should be better off with legal counsel.

Below is a classification of complaints and the competent authority for members to approach.

Administrative and financial mismanagement complaints and disputes that fall under the purview of the Registrar:-

  • Non-issuance of share certificates
  • Refusal of membership
  • Exorbitant premium demand
  • Refusal to produce account books and registers for inspection/ tampering or destruction of records
  • Incomplete or falsified maintenance records
  • Failure to prepare audit reports/ audit rectification reports/ annual reports
  • Corruption and misappropriation of funds
  • Investing funds without prior approval of members
  • Inappropriate/false non-occupancy charges
  • Failure to conduct election on time
  • Appointing defaulting members on committee
  • Rejection of nomination
  • Failure to conduct annual, special or general body meetings wilfully
  • Failure to file returns, statements or mismanagement of bank records/documents

Disputes pertaining to repair, construction and amenities should be appealed to Co-operative Court/Municipal Corporation or Local Authority:-

  • Major and minor repairs, leakages
  • Parking issues, disputes with allotment of residence
  • Managing Committee resolutions
  • Disputes with election of managing committee (except nomination refusal)
  • High construction cost, disputes with appointment of architect or redeveloper
  • Water supply issues and high maintenance/recovery

If you are facing harassment from the committee members, including but not limited to rude/impolite behavior on a consistent basis, verbal or physical threats or assaults, you must immediately approach the local police station and file an FIR. After receiving a police NC (non-cognizable), you can approach the Civil Court for further redressal.

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13 thoughts on “How to Register a Complaint Against Housing Society

  1. Is it mandatory that an owner of a flat/villa should reside in the same flat/villa to contest for a post of a Association Committee.

  2. Hi,

    Currently the issue with my society is that i am not getting a clarity on the penalty charges that i have been fined for Maintenance issue. They have disconnect the water supply of my flat and when i approached the society, they asked me that this is a process that is agreed by the general committee. They are also charging me Rs 4000 extra as a water disconnection charges. I still haven’t received any clarity with regards to the penalty. Furthermore despite making the full payment except the 4000 which i said i will not pay, they charged me with another penalty charges.
    Request if any solution can be provided for the same

  3. My housing complex just does care for rules and timings of construction. They are constructing additional structures within the complex and start early morning and work till late evenings. This is extremely disturbing for me and my new born baby. When inhabitants want to construct or do something in their homes we have to get this done within a a certain time in the day. This is absolutely inconveniencing and disturbing with the loud drilling.

  4. Hello,
    I.Ramesh Desai (8169905631) resident of Kandivali Matru ashish Co-op Hsg society ltd Reg no:BOM/HSG/7418 OF 1981 situated at S V Road Kandivali west,mumbai 400067. society was built in 1976.
    There is serious leakage issues in my top flr apartments (3rd floor).
    I am forwarding herewith one of many communication sent to society in this regard for you kind perusal .
    quote:
    Dear mr. Rakesh Sharma secretary
    Attached please find herewith images of my b/10 main hall celling.
    As you will observe from photographs, there is heavy leakages from terrace and it can collapse any time and will result in to heavy risk to our life.
    This is condition of both my flats b/9&10.
    Despite my legal notice , society officer bearers are not taking any action to repair the same.
    I am spending money to repair the ceiling as well as terrace at my cost for not fault of mine since so many years.
    Pl note I am not going to pay society maintenance in future due to negligence of office bearers to repair terrace.
    I am constrained to approach to BMC for further course of action and any consequences arising thereof for which society management shall be responsible.
    Unquote
    Now the situation has aggravated to an such extent that i have to vacate my house as it has become inhabitable.
    I need your guidance to write to BMC,fire dept and society registrar in abv matter in event of any unforeseen things happen to society during monsoon..
    Regards,
    Ramesh Desai
    B /09 & 10

  5. Mint . Flat 105. When leaving from terrace tank water to our home coming is very low force.pls. check the pipeline and clear my problem

  6. In our society chaganlalpark the chairman and secretary are family member of the society member but he is not a member of the society he do not owe the house.
    Can such chairman and secretary removed by any member of society by complain to authority?

  7. In my Chhaganlal park society commeete members had sale society common land through dastavej and credit amount. In society account
    Can society member force chaman to distribute such amount between all members?

  8. सर मेरी सॉसाययटी में मेरे फ़्लैट के नीचे टावर मैनज्मेंट द्वारा कचरा केबिन बनाया हुआ है जिसकी वजह से मैं परेशान हूँ इस और बार बार रिक्वेस्ट के बाद भी कोई कारवाई नहीं हो रही है मुझे क्या करना चाहिए

  9. i am a single woman (27) living in Pune with a single mother (60), i am having problem with my secretary (male 65) who behaves inappropriately with me and is rude and threatening.
    I own 2 flats and i have lived in the society all my life, this new Secretary has come recently.
    My mother and i have been vocal about many problems in the society ( having the watchman bring guys playing cards and drinking at night, the residence place which is used illegally for commercial use by local goons). ever since then they have started picking on me and my mother.

    it started with alienating us from rest of the society, spreading disgusting rumours of my omther and i being single, harrasing by keeping the garbage infront of our door (for 8months)
    troubling me while i am taking my dogs for walk, i have almost gotten hit by the car of the goons when i spoke up.
    Now during lockdown being an animal lover would keep water and dry cat food for the cats. because of this he threatned me that he will ask the watchman to take any action on me i do it again.
    he controls the society like he owns it and if you say anything against him, he has goons and the watchmans (which our paid and cared for by our money) he uses his “being marathi” and me not being marathi and a woman.
    I am scared for my life that if i speak against what else will he do seeing my mother and i stay alone in our respective flats.

  10. Hello Team,
    I am from Arun Patios, in our flats residents are keeping shoes racks and pots etc. Some residents are keeping big shoes racks as well. In one of our GBM only few residents come together brought bylaw to keep shoes racks. As per accessibility and fire department best practice we shouldn’t keep anything in corridor. How do I file complaint against association. What are the process and charges.
    Thanks
    Basavaraj Bademi

  11. Hi,

    We have sent a request message on housing society watsapp group regarding Due to personal hygiene and a strong possibility of getting infected of Corona virus, we request them to asked sweeper to keep open lid dustbin or keep half lid open society dustbin on the entrance of the society gate. we have been observed that few member of society open that wastebin lid and spit out, few Street walkers, outsiders sneezing and coughing on wastebin. On cause of personal Hygiene of each society members, a open lid dustbin to be placed at the entrance of the door with few more others suggestion like to restart door to door sweeper service was shut due to Covid 19, change a dustbin place to avoid contact of street walker and dogs.

    All our suggestion was ignored and not considered by giving an excuses like only one member have issue not all and Open lid dustbin can attract street dogs etc.. also blame us on breaking a society rules and policies.

    In our society most of people are middle ages and senior citizens so on cause of each members health safety we send message to committee to do small changes on dustbin lid direction which can be easily posible.

    Can you please guide me such small issue can be addressed without any legal intervention.

    Regards,
    Urmil
    9920973004

  12. Good Morning Cooperative housing society in loknagari ambernath east has become worst society, its totally worst and foolish society because committe members are failed to do their duties and maintain the society in goid manner, as they have habbit to eat money from the society’s maintainance account, they are harassing the residents by giving insufficient water supply, behaving rude and disrespectful to senior citizens, residents are now fed up with this society. Committee members only want money to fill their pockets. Secretary and chairman they both are unmannered persons. Seriously they are totally villagers who dont have manners how to live in society.
    Its not good morning its worst cooperative housing society
    Do not buy any flat in this society.

  13. Servant toilet is illegally occupied by member of floor after breaking lock of society and put on his lock and key is in his possession. When approached local police station they told to inform Registrar of society and get acknowledgement.
    Lockdown traveling is problem. HELP

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