FAQ · प्रश्नोत्तरे
Questions committees and members askसंस्था चालवताना पडणारे प्रश्न
974 questions about running a co-operative housing society in Maharashtra — maintenance, leakage, transfers, parking, redevelopment, elections, audit — answered from the MCS Act, the 2026 Rules, the model bye-laws and court decisions.
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Maintenance charges (39)
- Must the society give a receipt for every maintenance payment, and can it accept cash?
- Can the society charge a "shifting fee" or "move-in/move-out charge" when a tenant or buyer moves?
- Can you show a worked example of how one flat's monthly maintenance bill is built up head by head?
- How many days do I get to pay the maintenance bill before it counts as late, and who fixes that period?
- From which date does interest start on a late bill, the bill date, the due date or the day after the due date?
Repairs, leakage & structure (42)
- A member wants to renovate. What needs permission, and how long can the committee take?
- Water is leaking into a flat from the flat above or the terrace. Who repairs it?
- Plaster is falling off the ceiling of my flat, but there is no leak. Whose repair is it and what should I do first?
- There is dampness on the wall I share with my neighbour's bathroom, but he says his bathroom is fine. How is the source traced, and who pays for the testing?
- Monsoon seepage through the external wall has ruined my paint, wardrobe and a mattress. Does the society have to pay for my belongings too, or only repair the wall?
Transfer of flats & shares (33)
- I am gifting my flat to a close friend, not a relative. Is transfer premium payable, and is the paperwork different from a sale?
- My brother and I own our flat jointly. He wants to give up his share in my favour. How is his name taken off the share certificate?
- I live abroad. Can my power-of-attorney holder in India sell my flat and sign the society's transfer papers for me?
- I bought my flat years ago on an agreement, a general power of attorney and a will from the seller, but no registered sale deed. Can the society admit me as a member?
- Can a housing society refuse to admit a buyer because he is a Non-Resident Indian or an Overseas Citizen of India?
Nomination & succession (34)
- My husband and I held the flat jointly and he has died. Do I automatically become the sole member?
- I want to nominate my two children with 60 % and 40 %. Is that allowed, and which of them becomes the provisional member?
- Can I nominate a friend or a distant relative instead of my children?
- Can I nominate my minor grandson, and who acts for him if I die while he is still a minor?
- I made my nomination years ago under the old bye-laws. Is it still valid after the 2026 Rules, or must I file a new one?
Tenants & leave-licence (34)
- Can I run a paying-guest (PG) arrangement in my flat, and what must I tell the society?
- I am letting my flat to a company for its employee to live in. Who is the licensee and what does the society need?
- Can the society stop members from letting flats on short-term or holiday rental platforms by the night or week?
- Relatives or friends are staying with me for a few weeks. Must I tell the society or give police verification?
- How does tenant police verification work in Maharashtra, and whose duty is it — mine or the society's?
Parking (33)
- How should visitors' parking be run — who may use it, for how long, and can the society charge visitors?
- Can the society allow double parking, where one car blocks another and keys are left with the guard?
- A car has been lying unused and dusty in the compound for a year, and the owner ignores requests. What can the society do?
- Can a member park a taxi, tempo, school van or truck in the society's parking?
- Do two-wheelers need a separate slot and permission, and can the society charge for each scooter?
Defaulters & recovery (34)
- Can you give a dated, step-by-step timeline from a missed bill to a recovery certificate?
- When exactly does a member who is late become a "defaulter", and is that the same as being disqualified from the committee?
- What notices must the society send before it applies for a recovery certificate, and what should they say?
- Does the general body have to pass a resolution for every recovery case, or is a committee resolution enough?
- What does a recovery application cost the society, and which of those costs can be recovered from the defaulter?
Funds & investments (40)
- Can you show how the sinking fund contribution is worked out for one flat and for the whole society?
- Our building is 35 years old and nobody has an architect's certificate of construction cost. How do we fix the sinking fund base?
- Our sinking fund is based on a 1995 construction cost, so it collects almost nothing. Can we switch the base to today's rebuilding cost?
- How is the repair and maintenance fund worked out, and what happens to money left unspent at year end?
- The AGM approved ₹36 lakh of waterproofing and painting through the Major Repair Fund. How is my share calculated, and can I refuse to pay?
Redevelopment (39)
- Does our building have to be declared dangerous before the society can decide to redevelop?
- What should the requisition by one-fifth of the members contain, and what must the committee do once it arrives?
- How is the architect or project management consultant (PMC) chosen, and can ordinary members suggest one?
- What exactly is decided at the first redevelopment SGM, and what paperwork must follow in the days after it?
- What must the PMC's project report cover, and how soon must it be ready?
Conveyance & deemed conveyance (32)
- By when must the builder convey the land and building to our society?
- The builder will not execute the conveyance. How do we get a deemed conveyance?
- The builder says conveyance will be given only after the entire layout or township is complete. Must we wait?
- How much land does the deemed conveyance cover — only the building footprint, or gardens, roads and open spaces too?
- We got a deemed conveyance order, but the builder (or a landowner) has challenged it in the High Court. Is our order at risk?
Builder & handover (34)
- Most flats in our building are sold but the builder has not formed the co-operative society. When must he, and what can we do?
- The builder still holds the unsold flats. Must he pay maintenance for them, and can the society levy it?
- What documents and money must the builder or chief promoter hand over to the new society?
- What happens at the first general meeting after the society is registered, and how long does the provisional committee last?
- Our society was registered years ago but the builder has never executed the conveyance. What is the deadline and what can we do?
Membership (36)
- Since Chapter XIII-B was added to the Act, which of the general membership and transfer sections no longer apply to housing societies?
- Can a company, a partnership firm or a trust own a flat and become a member of a housing society?
- Our society still admits tenants as 'nominal members'. Does that class survive under the 2026 Rules and draft bye-laws?
- Who can I make my associate member — only close relatives, or also a friend or my caretaker?
- My daughter is my associate member. Can she attend the AGM, vote and even stand for the committee in my place?
General meetings & AGM (37)
- We want to requisition a special general meeting. What must the requisition say, and can the committee change our agenda?
- The committee has sat on our valid requisition for over a month. Can the Registrar call the SGM, and who pays for it?
- Our AGM was adjourned for want of quorum. Do we need a fresh notice, and can new items be added to the adjourned meeting?
- The AGM ran late and half the agenda is left. How do we continue it — is that an adjournment or a postponement?
- A flat is owned by a company or a partnership firm. Who can attend and vote for it at the general meeting?
Managing committee (48)
- How much can the managing committee spend on repairs without the general body's approval?
- How is a casual vacancy on the committee filled?
- Can members or the Registrar remove the managing committee before its term ends?
- Are committee members personally liable for losses or wrong decisions?
- How often must the committee meet, and what notice and quorum are needed?
Elections (33)
- Our society has fewer than 250 members and the committee's term ends in March. What is the election timetable, counting backwards?
- Can a member of our own society act as the Returning Officer?
- Who pays for the committee election — the Returning Officer's fee, stationery, hall — and how is it collected?
- What does the provisional voter list contain, where is it published, and does it expose members' personal details?
- My name is wrongly spelt, or missing, on the provisional voter list. How and by when do I object?
Accounts & audit (46)
- As a member, which society records and accounts can I inspect, and can I get copies?
- By when must the society close its accounts each year?
- When must the statutory audit be completed, and can the AGM be held without audited accounts?
- Who appoints the statutory auditor, can the same auditor continue every year, and who fixes the fee?
- What is the society's "audit class" (A, B, C, D) and what does a poor class mean?
Tax & GST (33)
- Our accounting software still asks for sections 194C and 194J for TDS. What changed from 1 April 2026?
- Is the lift or generator annual maintenance contract a contractor payment or a technical-services payment for TDS?
- Do we deduct TDS when the society pays the municipal property tax, the electricity bill or the water bill?
- A contractor's bill shows the work value and GST separately. Is TDS deducted on the total or only on the value before GST?
- Our plumber has no PAN, and our security agency has a certificate for lower deduction. How much TDS do we deduct?
Disputes & where to go (35)
- A member has made a complaint. How fast must the society respond?
- How do I actually file a dispute in the Co-operative Court under section 91, and what should I attach?
- Do I need a lawyer in the Co-operative Court, and can the society send an advocate against me?
- What happens if I miss a hearing in the Co-operative Court, or the other side never turns up?
- Can the Co-operative Court stop a general-body resolution or a committee action while the dispute is pending?
Records, RTI & privacy (41)
- When a member hands in an application (transfer, nomination, parking, alteration), what must the office do and how quickly?
- How must notices reach members — is a WhatsApp message or email enough?
- A member asks for copies of the minutes, the audit report or their own ledger. What can the society charge, and how fast?
- How should I word my request for copies so that the society cannot dodge the 45-day deadline?
- Can the society refuse me copies of records because I owe maintenance or because I "keep troubling the committee"?
Pets, nuisance & amenities (36)
- Can a member book the community hall, terrace or garden for a function, and what can the society charge?
- Who arranges and pays for pest control — the society or each flat?
- A member keeps placing things in the common corridor or parks in another's slot. What is the step-by-step procedure?
- A member's pet dog bit a child in the lift. Who is liable, and what should the society do?
- A stray dog living in our compound bit a resident. Is the society liable, and can it now have the dog removed?
Security & gate (39)
- Who should hold the keys to the terrace, pump room, meter room and lift machine room?
- The relief guard has not turned up at shift change. Can the outgoing guard leave, or must he stay on?
- How should the occurrence book be written, and can a wrong entry be erased or torn out?
- A visitor or a member argues with the guard, shouts or abuses him at the gate. What should the guard do?
- A member says the guard let in someone the member had refused, or turned away a guest the member had approved. How should the committee look into it?
Staff & vendors (39)
- Our guards work 12-hour shifts. Is that allowed, and what must be paid for the extra hours?
- What weekly off, leave and holidays must the society give its own watchman, liftman or sweeper?
- By when must staff salaries be paid each month, what deductions are allowed, and must we give wage slips?
- Must the society pay an annual bonus to its own staff, or is the Diwali payment voluntary?
- Our watchman has worked for the society for 15 years and is retiring. Is he entitled to gratuity?
Fire, lift & safety (42)
- Our lift has been out of order for three weeks and the maintenance company says a part is "not available". What can the society do?
- We are unhappy with our lift maintenance company. Can we end the contract midway and switch to another firm?
- The Electrical Inspector (Lifts) has ordered our lift to be stopped until repairs are done. What must we do, and can we appeal?
- We have just taken over from the builder and cannot find any lift licence. Can we keep running the lift?
- Our lift is 25 years old. What approvals and steps are needed to replace or modernise it?
Registration & bye-laws (39)
- The builder is not cooperating in forming our society. Which documents can we purchasers file for the name reservation ourselves?
- Can a housing society be registered before the building gets its occupation certificate?
- Our Chief Promoter collected share money and entrance fees before registration. What are the rules on that money?
- After registration, what must the Chief Promoter hand over, and how long does the first (provisional) committee last?
- The Registrar refused to register our society. What can the promoters do?
Insurance & property tax (35)
- Should the building be insured for its market value or its reinstatement value, and what happens if it is under-insured?
- What does a typical building fire-and-perils policy not cover?
- Does the society's building policy pay for damage caused by a burst pipe or an overflowing water tank?
- Which optional covers should a society consider when renewing its building policy?
- Should the society take fidelity guarantee insurance for the accountant or manager who handles its cash?
Water, power, waste & green (41)
- Municipal supply is short and we are buying tankers every week. How should the tanker cost be shared among the flats?
- Flats on the upper floors hardly get water while lower floors get plenty. What can members on top do?
- What checks should the society do on tanker water before it goes into the tanks?
- Our municipal water bill has suddenly doubled and we think the meter is faulty. How do we dispute it?
- My flat's water sub-meter shows far more than I use, and the society bills me on it. How do I challenge the reading?