Disputes in the Housing Society
21 Reasons can be lead to create disputes in the Housing Society
Housing Society is the group of different kind of peoples whether they are interacting with each other, sharing the things on the personal level. Sometimes during the interaction people can have a different opinion or conflict or clash of the interest or in the thoughts, this is significance of the disputes between 2 members. Every people always try to enforce his right and prove himself.
Which reasons can lead to create disputes in the Housing Society??
Misappropriation / Misapplication of the funds of the society –Misuse of collected funds as maintenance, sinking fund, repair fund in other things and not maintaining the records such use which called misappropriation of the funds.
Non supply of issuing of passbook / ledger to the member
Members having right to get their annual passbook / ledgers to verify the entries and confirm the ledger, sometimes they requested to the society to get the ledger for loan process or selling the flat. If member not get this after clearance the outstanding or know his outstanding it can create dispute between the member and the society.
Recovery of the dues
Defaulter members if not paid their maintenance continuously 6 months, MC having authority to take a legal action against them. Society is charging the legal fees to the particular member in this case. This all process can create the dispute between the member and the society.
https://shivconsultancy.org.in/major-rules-and-regulations-in-the-housing-society/
Excess recovery dues from the members
If society charging excess amount during the recovery from defaulter member or not providing any justification of the charges which is claimed to the member can create the dispute due to excess recovery from the member.
Unequal water supply – Water is basic need of all humans. In the society equal water supply is very very important. If society not following this rule and providing unequal water supply between the society can create a big dispute in the society
Conflict between Outgoing and incoming member
Clearance of the all dues, completion of the necessary records and inform to the society by submitting the request letter along with the forms that is responsibility of the outgoing member. If any outgoing member fails to attend his duty and incoming member unaware according to this can create dispute between outgoing and incoming member.
1. Conflict between two members of the society – Every people is having his own beliefs, on that basis sometimes this beliefs can clash with another member of the society. This part of misunderstanding sometimes but it can be lead to create a dispute in the society.
https://www.societyconnect.in/pdf/maharashtra-co-operative-housing-society-bye-laws.pdf
- Conflict between employee of the society and society –If society not paying the on time salary to the employee or keeping on hold for uncertain reason can create the dispute between the employee and the society.
Non conducting the elections before expiry of the term of the committee
Conducting the election before expiry of the terms this is one responsibility of the existing MC. If they fail to attend their duty can create a big dispute in the society.
Managing Committee not taking care of the essential things – Managing Committee is appointing to look after the essential things i.e. minor repairs, electrical repairs, plumbing works etc., carry out the routine activities of the society and maintain the smooth functioning of the society. If Managing Committee is not taking care of this essential things can lead towards the dispute in the society. https://shivconsultancy.org.in/major-rules-and-regulations-in-the-housing-society-part-ii/
Managing Committee skipping to the General Body members for major work approval
Managing Committee should take approval of the General Body for carry out the major repairs, going to add some facilities or taking any big decision which will impact to the society. If they fail to do these can be creating the dispute.
https://www.advocatekhoj.com/library/bareacts/cooperativesociety2008/187.php?Title=Cooperative%20Societies%20Act%202008&STitle=Settlement%20of%20disputesNon maintenance or incomplete maintenance of the records and books of the society
Managing Committee should take care of the records and book of the society including statutory and account registers to maintain smooth functioning of the society. Incomplete or non maintenance is harmful to the society.
Non preparation of the annual accounts / reports, within the prescribed period
Managing Committee should prepare the annual accounts and generate the reports to present in the General Body meeting. There is prescribed period is defined in the Bye Laws to complete this process. If MC will not care of this things can be create dispute and member can complaint to the Registrar of the society.
No clarification or evidences of the expenses done by Managing Committee Members
Managing Committee members should submit the evidences of the expenses along with the receipt of the acknowledgement, bills as evidence of particular expenses. Non clarification or non evidences of expenses can create a big financial issue in the society.Non calling of Managing Committee meetings as prescribed in the laws
Managing Committee should do their monthly meeting to discuss the monthly expenses, attend the results of repairs or other matters, internal issues, any complaint by members or discuss other matters which required immediate attention. If they are not conducting the meeting as prescribed in the Bye laws (In such cases they can conduct the meeting digitally) this miscommunication can lead to create the dispute in the society.
Non calling of General Body Meeting within the prescribed period
Managing Committee should conduct the General Body Meeting as prescribed in the Bye Laws. Some deadline is declared by the authorities on time to time. If Managing Committee not calling this meeting within the prescribed period can be one cause of the dispute.
Non issuance of the Share Certificate
Managing Committee should issue their Share certificate to all members. In such reason they can hold but clarification shall be providing to the particular member. If they are holding the share certificate without any particular or right reason can cause of the dispute.
Refusal of Membership
Every member is having right to get a membership of the society. After transferring the flat incoming member needs to submit the request letter to accept his / her membership in the society. If Managing Committee is refusing to accept his / her membership without any reason or doing any nuisance can create conflict between incoming member and the society.
Demand on excess premium for the transfer
During transfer of the flat society is having right to demand the amount to outgoing member as prescribed in the Bye Laws. If they are demanding excess charges for the transfer can create a dispute between member and the society.Defaulter / disqualified member on the committee
Defaulter or disqualified member cannot be the member of the Managing Committee as he / she is fails to attend the responsibility. This member can create a dispute in the society.
Rejection of the nomination
Every member should complete their nomination process and Managing Committee should accept their nomination after completion of the process. They do not have any right to reject the nomination of the member without any particular reason. This can create a dispute between the particular member and the society.
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