AVOID disputes IN THE HOUSING SOCIETY
Housing Society is the group of different kind of peoples 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. In the previous blog we have discussed
reason of the disputes, in this blog will see the solutions to avoid such
disputes. You may read our first article by clicking below link so you can
understand the solutions.
Misappropriation / Misapplication of the funds of the society
To avoid the misappropriation of the funds in the society, time to time account audit should be done. Accounts audit report and balance sheet should be distributed within the all members. Before AGM if any member having queries in the balance sheet can be ask through the letter to committee about the expense of any non compliance.
Excess recovery dues from the members / No clarification or evidences of the expenses done by Managing Committee Members
Heading of the maintenance charges should be discussed in the Annual General Meeting based on the Bye Laws. If any excess charges levied to the member, MC should explain to the particular member as justification.
Non supply of issuing of passbook / ledger to the member / Non maintenance or incomplete maintenance of the records and books of the society
Before finalizing of the accounts balance confirmation of the all members should be done with circulate the member’s ledgers through email, hard copies. Society can appoint some agency or person to carry out the activities. This practice will keep smooth functioning and peaceful environment in the society.
Unequal water supply
Time to time checking of the water supply in each inlet, proper and equitant response to member’s complaint can be reduce the chances of dispute. Search new techniques to save the water, avoid more tankers in the society. You can discuss such points in the AGM and take a decision.
Recovery of the dues
Members should pay their dues on time. Only paying interest is not sufficient or useful for society function. In the maintenance amount society is considering all charges i.e. property tax, water charges, service charges etc. if any member will keep their amount pending for long time society could not run smoothly. Send a gentle reminder frequently to default member, so he / she can’t forget to pay the dues.
Conflict between Outgoing and incoming member / between two members of the society
Society could not play the role as mediator between the outgoing and incoming member. Compliance of the all necessary records for transfer of the flat has been checked by MC members during transfer of the flat. Society members should follow the rules of the society which was decided and agreed by General members. E.g. if any dispute occurred between 2 members and other members get affected by their dispute, MC should give warning to that both members in writing basis.
You can take a help of the legal advisor the take a suitable decision and avoid unnecessary disputes.
Conflict between employee of the society and society
Instead of creating a dispute MC should speak with the member or employees or anyone if they are expressing another view and pass the resolution by majority of the MC members.
Non conducting the elections before expiry of the term of the committee / Managing Committee not taking care of the essential things
If society is not conducting the elections or creating any nuisance in the society members can do the complaint to the registrar of the housing society or general members can speak with the existing managing committee if any other issue to conducting the elections in the society.
Managing Committee skipping to the General Body members for major work approval or Non calling of General Body Meeting within the prescribed period / Non calling of Managing Committee meetings as prescribed in the laws
All major decisions should be taken by the approval of the general body members. Major repairing or major changes either spending major amount or showing major visual impacts in the society, hence this is essential. In the Bye laws it is already mentioned and every society should follow this rule. If society will skip the approvals of the general members 100% it will converted in to the major dispute.
Non issuance of the Share Certificate / Rejection of the nomination / Refusal of Membership
If any non compliance in the documentation or gaps identified by the provided evidences society can refuse the membership or reject the membership or nomination. To avoid such things member should take a legal advice for the compliance and fulfill the requirements.
Demand on excess premium for the transfer
As per bye laws society can charge Rs. 25k to the outgoing member, but if society is demanding more amount to the member can speak with the MC directly. Usually MC members is not releasing the NOC before transfer amount or not reducing the amount because they are doing all major works from this amount.
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YOUR WORDS
What are your disputes in your housing societies ?
