Housing Society Its Disputes

Housing Society Its Disputes

• Category: Administration
• Date 12-05-2025

Housing Society Its Disputes

Disputes in housing societies are quite common due to the shared nature of ownership, governance, and resources. Below is a comprehensive overview of the types of disputes, precautions that can be taken by the committee, and mechanisms for dispute resolution:

1. What is a Housing Society Dispute?

A housing society dispute arises when there is a disagreement among members (residents), the managing committee, or between members and the managing committee regarding the functioning, rights, or obligations under the Maharashtra Cooperative Societies Act, 1960 (or relevant state laws).

2. Types of Disputes in Housing Societies

a. Financial Disputes

• Non-payment or delay in maintenance charges.

• Disagreements over society expenditures or fund mismanagement.

• Unauthorised collection of funds.

b. Property-related Disputes

• Illegal alterations or construction.

• Disputes over parking allocation.

• Unauthorized use of common areas.

c. Membership-related Disputes

• Rejection of membership applications.

• Expulsion or removal of members.

• Nomination and transfer issues.

d. Management and Governance Disputes

• Election irregularities.

• Misuse of power by committee members.

• Disagreements over decision-making.

e. Behavioral Disputes

• Nuisance from other members (noise, pets, etc.).

• Disputes over usage of common facilities.

• Harassment or discrimination complaints.

3. Precautions to be Taken by the Managing Committee

a. Transparent Administration

• Maintain and share proper records (accounts, minutes, notices).

• Hold regular general body meetings.

• Display expenses and decisions publicly on notice boards.

b. Clear By-laws and Rules

• Ensure all members have a copy of the society's by-laws.

• Update the by-laws as per legal amendments.

c. Fair Elections and Representation

• Conduct elections as per rules laid down by the Registrar.

• Involve members in key decisions.

d. Prompt Communication

• Address complaints in a timely manner.

• Keep members informed about decisions and their rationale.

e. Maintain Documentation

• Keep written records of all decisions, complaints, and resolutions.

• Follow legal procedures for issuing notices or taking action.

4. Dispute Resolution Mechanisms

a. Internal Dispute Redressal Committee

• Composition: 3–5 neutral members (can include ex-chairpersons, senior residents).

• Role:

  • Mediate and resolve minor disputes internally.

  • Act as the first point of resolution.

• Process:

  • Receive complaint in writing.

  • Hear both sides.

  • Issue a recommendation/report within a defined period.

b. Approaching the Registrar of Cooperative Societies

• Disputes under Section 91 of the Maharashtra Cooperative Societies Act, 1960 can be filed here.

• Registrar can refer cases to a Cooperative Court.

c. Cooperative Court

• Handles complex disputes involving legal interpretation.

• Can issue binding orders.

d. Consumer Court

• Members can approach if there's deficiency in services provided by the society.

e. Civil Court / Criminal Court

• For property issues or criminal misconduct, cases may be filed in civil or criminal courts respectively.

5. Steps to Solve a Dispute

1. Internal Resolution

   • Encourage discussion in a calm and structured manner.

   • Involve the Dispute Redressal Committee (if constituted).

2. Written Complaint

   • Submit formal complaint to the managing committee.

3. Mediation

   • If the committee is unable to resolve, engage a neutral third-party mediator.

4. Registrar / Cooperative Court

   • If unresolved, file a case under Section 91 before the Registrar.

5. Legal Action

   • As a last resort, pursue legal remedy in civil/criminal courts.

6. Best Practices for Dispute Avoidance

• Educate members on their rights and duties.

• Foster community building through events and engagement.

• Review society rules periodically with legal counsel.

• Implement a grievance redressal policy and escalation matrix.

=======================================================================

DISPUTE REDRESSAL POLICY

[Name of the Housing Society]

Effective Date: [Insert Date]

1. Objective

This policy aims to establish a fair, transparent, and structured mechanism for resolving disputes within the society. It seeks to maintain harmony among members and ensure timely and impartial resolution of conflicts.

---

2. Scope

This policy applies to all:

• Members of the Society

• Associate and Nominal Members

• Tenants or Residents

• Managing Committee Members

• Staff or Service Providers

Types of disputes covered include, but are not limited to:

• Maintenance and service charges

• Common area usage

• Parking issues

• Membership disputes

• Behavioral complaints

• Governance-related matters

---

3. Dispute Redressal Committee (DRC)

3.1 Composition

• The Society shall constitute a Dispute Redressal Committee consisting of 3 to 5 impartial members.

• Committee members must not be part of the current managing committee and should ideally include:

  • One senior resident

  • One legally literate member (if available)

  • One ex-committee member or neutral resident

3.2 Tenure

• Members will serve a term of 2 years, renewable once.

---

4. Dispute Resolution Process

4.1 Filing a Complaint

• Complaints must be submitted in writing to the Society’s Secretary or directly to the DRC.

• The complaint must contain:

  • Name and contact details of the complainant

  • Detailed description of the issue

  • Supporting documents (if any)

  • Signature and date

4.2 Acknowledgement

• A written acknowledgement shall be provided to the complainant within 3 working days.

4.3 Preliminary Review

• The DRC will review the complaint within 7 working days to determine whether:

  • It falls within the scope of the policy

  • Mediation or formal hearing is required

4.4 Hearing and Resolution

• If necessary, the DRC shall call both parties for a hearing within 15 working days.

• The committee will:

  • Hear both sides impartially

  • Examine documentation

  • Attempt to resolve the issue amicably

4.5 Decision

• A written decision or recommendation will be issued within 30 days of receiving the complaint.

• The decision shall be recorded and shared with all concerned parties.

---

5. Escalation Mechanism

If a member is unsatisfied with the DRC’s decision, they may:

• Appeal to the Managing Committee in writing.

• Approach the Deputy Registrar, Cooperative Societies under Section 91 of the MCS Act.

• Pursue legal remedies through the Cooperative Court or Consumer Forum, as applicable.

---

6. Confidentiality

All complaints and proceedings under this policy shall be kept strictly confidential and handled with due sensitivity.

---

7. Record Keeping

• The Society shall maintain a register of all complaints received, along with actions taken and resolutions passed.

• These records shall be available for inspection by authorities if legally required.

---

8. Review of Policy

This policy shall be reviewed every 2 years or as required, based on legal updates or internal experiences.

---

9. Adoption and Enforcement

This policy was adopted by the General Body Meeting held on [Date] and comes into effect from [Effective Date].

Signed by:
President: ____________________
Secretary: ____________________
Date: ____________________

=================================================================================

[Your Society’s Name]

Resident Complaint Form

Note: Please fill this form in block letters and submit it to the Society Office or email it to [Insert Society Email Address].

1. Complainant Details

☐ Yes (Attached)
☐ No

4. Desired Resolution / Action Requested

(Optional – what would you consider a fair resolution?)

5. Declaration

I hereby declare that the above information is true and correct to the best of my knowledge. I understand that any false complaint may lead to disciplinary action.

Signature of Complainant: ______________________
Date: ___________________

6. Acknowledgement (For Office Use Only)

 ????Solution????

Contact us on 9136050062, we have each and every solution of Housing Society problems…..

Thank you friends

Last updated: 12/05/2025

HOUSING SOCIETY ONLINE ACCOUNTS & MOBILE APP

Visit our Website : https://webaccsolution.com

Visit our Android Mobile App : https://play.google.com/store/apps/details?id=com.societymanagement.society_management&pcampaignid=web_share

Visit our Business Plan Website (For our Registered Members Only) : https://webaccsolution.in