Dear Sir/ Madam, Ours is a gated bungalow community of around plots in Kasara, Maharashtra. A cooperative housing society was formed around 10 years ago and we have all be paying monthly maintenance to the society. As it is a bungalow complex, the 7/12 extract of the land is in the individual names of the plot owners. The role of the society in my view should be limited to managing common amenities likes security, garden maintenance, club house maintenance, providing water, etc. The committee has started playing a very intrusive role and getting involved in matters that they shouldn't involved in. Our property is unlike a housing society of flats in say, Mumbai, where they a common conveyance in the name of the society. Since the land is in my name and I am not happy with the role being played by the society, I will like to exit the membership of the society. Is it possible for a member to exit the society membership? Since the water and entry to the complex is managed by the society, will it have any impact on water supply? 1. Can the the society prevent me from using common amenities like club house, garden, swimming pool, etc? 2. Can the society stop water supply to my bungalow? 3. Can the society stop access to me or my guests to my bungalow? 4. There are reserves maintained in the society. Can I get my share of the reserves when I exit the society? Please help with the above questions. Regards Rohit
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You can apply for independent water connection. Member of a society may at any time withdraw from membership of such a society but this does not affect any existing liability of the member to the society and you entitle to recover reserve but have to pay for common usage.
Society can control entry rules which will be common for all.
Dear Sir,
It may not be good in all respects to leave the society at once and hence you are suggested to be a bit tricky and start pointing towards the issues with which you are not comfortable with and if the society is not doing needful, you may quit the society membership assigning due reason and may ask your share of reserves. Thereafter, you may not be able to use the common amenities like club house, garden, swimming pool, etc. but the water supply can't be stopped for you and your guests will have access to your bungalow.
A housing society is constituted to look after the maintenance as well as the overall environment of a particular society. In this you can easily exit from the membership and nobody can neglect you from getting the basic facilities.
Yes,Definitely you have right to exit but someone has to enter into your show is the Law under Society Act.
Either you sell it or stay.
In case sale new person member has to bear nominal common expenses incurred by the Society.
Now a days MC Members and Office bearers of Society indulge in anti Society and anti Social activities within the premises and harrassment oftentimes caused to honest and civilized members in the Society.
You may approach Dy Registrar of the Society and Police departments for lodging complaint against MC members and office bearers of Society for their unlawfully activities in the Society premises and management.
Both Dy Registrar and Police officers may take legal action appropriately against all of them to reduce your inconvenience and mental torture.
Society can prevent you from using common amenities
2) it cannot disconnect water supply
3) you cannot be denied access to your bungalow
4) you should not resign as member of society rather seek to bring about changes in management of society
CONSIDER THIS:
1. In a Tenant-Ownership type Society, registered under the parameters u/s 2(16) r/w rule 10(5)(a), where the “SOLE” liability & responsibility and the objective for which the Society was registered, is restricted & limited to providing "Common Amenities and Services". PERIOD. In such type of Societies, the Flats are owned by the Flat-Owner and NOT by the Society, more clearly so since there is no Sale-Deed /Agreement for Flat no. A-101, involving the Society.
2. A Member is entitled to resign from his membership of the Society u/s 25 of the MCS Act and claim back his Share Money, accumulated Sinking & Repair Fund etc.... and yet continue to avail all the "Common Amenities and Services", by paying the relevant charges. Society cannot discontinue /stop "Essential Services" (like Water, Electricity, common Sewage & Road connections etc....) since essential services are classified as "Right to Life under Article 21 of the Indian constitution.
though you have the conveyance for the land and bungalow structure standing in your name, however, for the purposes of the common amenities facilities and services, you have to take the services of the society, since all of these have been conveyed and handed over to the society
so if you exit the society membership, then you lose on all the benefits that would accrue to you as regards the common amenities facilities and services are concerned
as to your queries:
1. if you are regularly paying the maintenance, then the society cannot stop you
2. under no circumstances can the society stop supply of essential services like water
3. you or your guests cannot be prevented access to your bungalow
4. since it is possible to exit the society, as explained above, the question of you taking your share from the reserves does not arise
1. No they can't
2. No it's a criminal offence
3. No they can't
4. Yes you will get the same if there is no outstanding in the maintenance from your reserves. Reserves like sinking fund, repair fund is not refunded and benefits are received by the buyer
1. Yes society can prevent you from using common amenities as you will not be no longer a member of society.
2. Yes.
3. No.
4 yes you can get the reverses.
File a complaint against the society for stopping them from unnecessary interference
yes, society can halt you from using common amenities.
society can not disconnect water services as it is essential service.
No, they cant. .
yes, you can claim your share.
- As per rules and the by-laws of the society, a member may withdraw from the society after giving three months' notice to the Secretary of the society of his intention to resign his membership of the society.
- Further, since RWA is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.
- Further as per rule of the Societies Registration Act, any society registered under this act may sue or be sued in the name of the president, chairman or the principal secretary or trustees, as determined by the rules and regulations of the society and, if no such posts have been established, then in the name of the person appointed by the governing body of the society.
- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.
- Further, the Registrar of Societies is bound to take action against the errant society on a legitimate complaint.
- Hence, you can file a complaint to the Registrar of Societies after narrating your concern against the .society
- Further, a society can be dissolved also, if the society fails to meet its objectives, involvement in illegal acts, inadequate number of members, ceasing of functioning over a period of time, contravention of law, or irreconcilable dysfunction.
- It can be dissolved by a) its members b) the Registrar c) the Court or d) the Government.
- A number not less than three-fourths of the members of any society may determine that it shall be dissolved, then an society can be also dissolved
1. Yes
2. No,
3. No,
4. Yes
1. You can leave membership number of society by giving a notice for resignation as member.
2. It will not have any impact on water supply or entrance of society.
3. No you will not get share from reserves of society.
4. Yes society can prevent you accessing club house and swimming pool and demand fees for using the facilities.
If you do not want to be a member of the society for whatever the reason you may cite, you are at your liberty to resign from the membership.
The society cannot disrupt your basic amenities for whatever reason.
You can approach court and get a stay order for this.
If you have paid for the other amenities also then you can avail the facilities accordingly.
