Denial of membership in a registered CHS- Maharashtra
I want to understand whether a CHS (co-operative Housing society) committee can deny membership to a member (flat purchaser) who would like to be a part of the CHS
I purchased a new Flat in one of the CHS (about 10 years old) in Thane District. There are a total of 5 wings in the society and the developer later built/developed 2 flats in a vacant space between 2 wings (2 flats later developed 5 to 6 years ago) with a revised plan. A copy of the plan of the new flats has been added in our agreement (registered in 2014 with the developer), the same was submitted to the secretary and I requested him/her to suggest the next step for us to be a part of the society. I offered to pay the monthly maintenance and other charges as I moved to this house in the month of Oct 15.
The society has refused us the membership stating the flats constructed were illegal and not mentioned in the initial plan. Additionally they want me to get a copy of the NOC from the society to the builder for developing those 2 flats and the revised plan first. The land records seem to be in the name of the developer. A group of members and the developer seem to be against each other and I am getting impacted at this stage. They don't get well with each other for matters related to the CHS and transfer of rights etc. There seems to be a recurring issue with the drainage system in the locality and the society is not ready to assist us in getting that fixed. The drainage line of a few flats goes through / under our flats, the chambers connecting other flats are choked and the waste water spills out causing stench and lot of inconvenience to us. Upon bringing this to the notice the members (including those whose drainage pipe connects the chamber near my flat) we were told that the flats are illegal and hence the society cannot do anything about it and that we need to fix that on our own and pay for it as well.
*** This issue is also faced by the owner of the 2nd flat which was constructed later and he is struggling as well.
I need to know whether the society members and the committee can behave and respond in such a manner. We were not aware of the strained relations between the developer and the committee members.