I am a resident of a cooperative housing society in Mumbai, and I would appreciate your legal opinion on a matter concerning the safety and maintenance responsibilities of the society's managing committee. Some members of the managing committee have objected to certain safety-related expenses—specifically, the installation of netting or protective structures to prevent damage from falling coconuts in the compound area. These precautions were intended to safeguard parked vehicles and, more importantly, children who play in the area. My question is: Under Maharashtra Cooperative Society laws or relevant municipal regulations, does the managing committee have a legal obligation to ensure that the society compound is maintained in a manner that is reasonably safe for residents, their property, and visitors? If so, could you please advise on what legal provisions or case law may apply in this situation, and what recourse is available if the committee fails to act on such safety concerns? Looking forward to your guidance.
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1. It is the minimum obligations for any Society for which no separate law or regulations are required.
2. Now the additional expenses on account safety issue is to be decided whether those are really necessary or for abundant caution. In any case the majority decision of the society will prevail.
Bye law 154 it shall be the responsibility of managing committee to maintain property of society in good condition
issue legal notice to society if it fails to take adequate safety measures
complain to Registrar
I have a follow-up question: Some managing committee members argue that the cost of installing and maintaining safety netting (to prevent damage from falling coconuts in the parking area) should be borne by individual car owners. However, car owners are already paying monthly parking charges to the society. Is there a legal or logical expectation that, in exchange for these parking charges, the society assumes responsibility for maintaining the parking area—including taking reasonable precautions to protect vehicles and ensure safety? Specifically, I would like to understand: Whether parking charges imply a duty of care by the society toward the vehicles parked there, If maintenance of safety nets or preventive measures falls under common area upkeep, And whether the cost can justifiably be shifted onto individual car owners, despite the society collecting parking fees. I would appreciate your guidance on how such responsibility is typically interpreted under the Maharashtra Cooperative Societies Act or any relevant legal precedent.
It is society responsibility to maintain parking area
members are paying parking charges to society
flat owners don’t have to pay for safety nets
The apartment management committee of a housing co-operative is its nerve centre, steering the society towards a wholesome, efficient and harmonious existence.
Whether it is financial management, member grievances or day-to-day affairs, the apartment management committee has to run like a well-oiled machine to create the best living conditions for the residents.
As per the Maharashtra Cooperative Societies (MCS) Act, the managing committee of a cooperative housing society is responsible for ensuring reasonable safety in common areas, including the society compound.
This responsibility is outlined in the act, its rules, and the society's bylaws.
The term "reasonable safety" refers to measures that are taken to prevent foreseeable hazards and ensure the well-being of residents.
This includes things like maintaining proper lighting, keeping walkways clear of obstructions, and ensuring the safety of recreational facilities.
The compound is considered a common area, and the managing committee is responsible for ensuring its safety, including things like security measures, landscaping, and maintenance of the compound.
Car parking area is coming under common areas and the society since it is collecting the maintenance charges for the common areas it becomes uits duty to provide security as well as to maintain the reasonable safety or possible damages to car in the parking area.
In general, a housing society's responsibility for providing security to the car parking area, including preventing damage from falling objects like coconuts, is not explicitly defined in most laws.
However, societies have a general duty of care to ensure the safety and security of their residents and their property.
This duty of care extends to the car parking area, and societies may be held liable for damages if they fail to take reasonable steps to prevent foreseeable risks.
The steps to be taken in this regard might include trimming trees, installing protective netting, or implementing other measures to prevent falling objects.
If a society fails to take reasonable steps to address a known or foreseeable hazard and a resident's vehicle is damaged by a falling coconut, the society may be held liable for damages.
The responsibility is of the society acting through its MC
The coconut tree is in the compound of the society
It is not planted by anybody or by the car owners
So the car owners are not liable to install safety nets at their cost
This responsibility must be borne by the society which in turn can collect contributions from its members for purchasing and installing the safety nets
One needs to understand that forming a society is all about cooperative movement
That's why the term co-operative housing society is coined
If the society has any surplus then that must be used for buying and installing the safety nets
If the society lacks funds then all members must equally contribute for the same (this distribution cannot be on basis of flat area occupied by the members)
A request letter can be addressed to the society
If the society does not respond or declines the request then the matter has to be taken before the Registrar by filing a complaint
Yes if parking charges are collected any damage to the vehicle in society premises the society will be liable
The managing committee of a cooperative housing society in Mumbai has a clear legal obligation under the Maharashtra Co-operative Societies Act, 1960, Maharashtra Co-operative Societies Rules, 1961, Model Bye-Laws, and BMC regulations to maintain the society’s compound in a reasonably safe condition. This includes taking proactive measures to prevent hazards like falling coconuts, which pose a risk to residents, their property, and visitors. The committee’s refusal to incur expenses for safety measures, such as installing protective netting, could constitute a breach of duty, rendering them liable for negligence or deficiency in service.
Residents have multiple recourse options, including internal complaints, approaching the Registrar, filing disputes in the Cooperative Court, seeking consumer remedies, or involving the BMC
