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Water, power, waste & greenपाणी, वीज, कचरा व पर्यावरण

Water and common electricity, waste segregation and composting duties, rainwater harvesting, solar and EV charging in housing societies.

General information about the law and the model bye-laws, not legal or professional advice. Your society's registered bye-laws and general-body resolutions may differ, and the law changes. For a dispute or a decision with legal or financial consequences, consult the Registrar's office, an advocate or a chartered accountant.

Municipal supply is short and we are buying tankers every week. How should the tanker cost be shared among the flats?

Tanker water is part of the society's water charges, so the default basis under the 2026 Rules applies: the number and size of inlets in each flat as per the sanctioned plan. The general body should pass a resolution recording the arrangement, the approved suppliers and how the extra cost will be billed.

Water charges are a head of the society's charges (Rule 106C-12(1)(c)) and are apportioned "on the basis of total number and size of inlets or taps provided in each flat as per the sanctioned building plan" (Rule 106C-12(4) item 3); the 2014 bye-laws used inlets without the sanctioned-plan reference (BL 66(a)(ii)). Tanker water is still water supplied to the flats, so it belongs in the same head rather than being split equally as a service charge. See utilities_environment-001 for working out inlet weights. Practical points: (1) a committee resolution authorising purchases within its spending powers, with two or three approved suppliers and rates; (2) record each tanker — date, supplier, vehicle number, litres, rate, which tank it filled — in a tanker register kept with the guard; (3) bill tanker cost as a separate line ("water charges — tanker") so members can see it; (4) when shortage is prolonged, place a report before the general body, including whether to add a borewell, rainwater harvesting or leak repairs (dBL 169). Inadequate municipal supply is itself a matter to take up with the ward office (2014 forum list item d(ii)). Where flat-wise meters exist and the general body has lawfully adopted metered sharing, tanker cost can follow meter readings (utilities_environment-002).

Legal basis: Rule 106C-12(1)(c), (4) item 3; BL 66(a)(ii); forum list item d(ii); dBL 169

Last checked: 2026-09-30

Flats on the upper floors hardly get water while lower floors get plenty. What can members on top do?

Ask the committee in writing to fix the distribution — it is the society's job to maintain pumps, tanks and common pipelines so every flat gets a fair supply. If it does not act, "unequal water-supply" is a dispute the 2014 bye-laws send to the Co-operative Court; low municipal pressure itself is for the ward office.

Water pumps, storage tanks and external pipelines are society repairs (BL 158(a)(iii)-(v)); the draft adds pressure pumps, hydro-pneumatic systems and all common supply installations up to where a flat's own line starts (dBL 45(b)(h)-(i)). The 2014 bye-laws' forum list names "unequal water-supply" as a Co-operative Court dispute and "inadequate water supply to the Society" as a municipal matter. Typical causes and fixes: (1) direct tapping — some ground-floor lines draw from the municipal main before the sump, or members fit booster pumps on their own lines, which the draft treats as tampering with water lines (dBL 166(a)(v)); (2) pump timing or capacity — run the pump to fill the overhead tank at the right time and check the float valve; (3) choked or undersized risers — the society's plumber checks each riser; (4) leaking cisterns and taps in some flats drain the tank (utilities_environment-319). Under the draft, complaints about essential services are to be addressed on priority, as far as practicable within 7 days (dBL 186(d)(ii)). Keep a written record of supply hours per floor for a week; it helps the committee and, if needed, the court.

Legal basis: BL 158(a)(iii)-(v); forum list items b(viii), d(ii); dBL 45(b)(h)-(i), 166(a)(v), 186(d)(ii)

Last checked: 2026-09-30

What checks should the society do on tanker water before it goes into the tanks?

Buy only from known suppliers who can show the water source, keep the tanker log, look at and smell the water before unloading, chlorinate the receiving tank, and test the water periodically at a recognised laboratory. Never fill tanker water into the fire-fighting tank's reserve or mix it with drinking supply without treatment.

The society maintains its storage tanks and supply (BL 158(a)(v); dBL 45(b)(h)); the draft makes water quality part of the committee's duty to ensure safety, sanitation and water quality (dBL 132(g)) and keeps water-quality logs for 5 years (dBL 138). Tank cleaning is covered in safety_fire_lift-010. A simple routine: (1) approved list of suppliers, each giving the source (well, borewell, municipal filling point) and, where the local authority requires it, their licence or registration; (2) the guard checks the tanker is clean, the outlet hose is not lying on the ground, and the water is clear and without smell, before opening the valve; (3) log each load (utilities_environment-301); (4) dose the underground tank with chlorine as advised by the plumber or a lab, or run it through the society's filtration; (5) get a bacteriological and chemical test done periodically and whenever residents report illness or odour; (6) tell residents to boil or filter drinking water during tanker periods. If a supplier's water fails a test, stop buying and inform the municipal health department. In an area notified under the Maharashtra Groundwater (Development and Management) Act 2009, no one may sell groundwater without the District Authority's prior permission (s.8(5)); a supplier drawing from a borewell there should be able to show it.

Legal basis: BL 158(a)(v); dBL 45(b)(h), 132(g), 138; Maharashtra Groundwater (Development and Management) Act 2009 s.8(5)

Last checked: 2026-09-30

Our municipal water bill has suddenly doubled and we think the meter is faulty. How do we dispute it?

Check first for leaks and unauthorised connections inside the society, then apply in writing to the municipal water department for a meter test and bill revision, paying the undisputed average amount meanwhile so supply is not disconnected. Keep daily readings as evidence.

The water connection, bill and meter-testing procedure are governed by the municipal corporation's water rules, not the MCS law; the society is the consumer and must pay the corporation, then recover water charges from members (Rule 106C-12(1)(c)). Steps: (1) take daily meter readings for a week with all taps shut overnight — if the meter moves when nothing is drawn, look for a leak in the underground pipeline, sump or overflowing tanks; (2) check that no one has tapped the line before the meter or added a connection; (3) write to the ward's water department asking for a meter inspection or test and revision of the bill, attaching the readings and past bills; (4) pay a sum equal to the usual bill under protest to avoid disconnection; (5) if a leak is found in the society's line, repair it — it is a society repair (BL 158(a)(iii); dBL 45(b)(i)) — and ask the corporation for a leak rebate if its rules allow one; (6) if the corporation's decision is unsatisfactory, the appeal lies within the corporation under its rules. Record the dispute and payments in the committee minutes and tell members why water charges may change.

Legal basis: Rule 106C-12(1)(c); BL 158(a)(iii); dBL 45(b)(i); Municipal water supply rules

Last checked: 2026-09-30

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?

Ask the committee in writing for a joint reading and a test of the meter, and to check your line for a leak or a cross-connection with another flat. If metered billing is being used, the society must be able to show the resolution adopting it and the meter's accuracy; if it cannot, the charge can be challenged before the Co-operative Court.

The Rules' default is sharing by inlets per the sanctioned plan (Rule 106C-12(4) item 3); billing by sub-meters rests on a general-body decision and, ideally, a bye-law amendment (utilities_environment-002). Excess recovery of dues is a dispute the 2014 bye-laws send to the Co-operative Court (forum list item b(ix)). Steps: (1) note your readings daily for a week, including overnight with all taps closed; (2) request a joint reading with the manager and a check by the society's plumber — common faults are a stuck meter, air in the line after supply cuts (meters spin on air), or a neighbour's line wrongly connected through your meter; (3) ask for the meter to be tested or swapped; if it is faulty, ask that your bill be recalculated on the average of earlier months; (4) ask to see the resolution under which metered billing was adopted, and the meter-maintenance records; (5) under the draft, raise a complaint with the committee, which must decide with reasons (dBL 184-186). Pay the undisputed part meanwhile to avoid becoming a defaulter.

Legal basis: Rule 106C-12(4) item 3; forum list item b(ix); dBL 184-186

Last checked: 2026-09-30

Can the society dig a borewell in the compound to beat the water shortage?

Possibly, but it needs the general body's approval of cost and use, and whatever permission or registration the local authority and groundwater law require in your area. Borewell water is usually fit only for flushing, gardening and washing unless tested and treated.

The bye-laws treat borewells as common water installations the society maintains once they exist (dBL 45(b)(h)), and encourage water conservation and reuse (dBL 169(a)-(b)). Digging one is capital expenditure: above the committee's limit it needs general-body sanction (Rule 106C-13(5)(b); BL 156(b)). Outside the bye-laws: many municipal corporations require permission or registration for borewells and some restrict them; groundwater extraction in notified or over-exploited areas is regulated under the Maharashtra groundwater law and central groundwater guidelines. Steps: (1) ask the ward office what permission is needed and whether the area is notified; (2) have a hydro-geologist or experienced contractor survey; (3) decide use — a separate non-potable line to flushing tanks avoids mixing with drinking water; (4) test the water at a recognised lab; (5) register the pump and power cost in the common electricity head; (6) keep the borewell capped and away from septic tanks and the fire tank. Neighbouring societies sometimes object to deep borewells; the permission process deals with that. The Maharashtra Groundwater (Development and Management) Act 2009 requires the State Authority to register all well owners, in notified and non-notified areas (s.7); bars new deep wells for agricultural or industrial use, with specific permission possible for drinking water (s.8(1)); and lets the Authority regulate or ban other wells in notified areas (s.8(2)).

Legal basis: Rule 106C-13(5)(b); BL 156(b); dBL 45(b)(h), 169(a)-(b); Maharashtra Groundwater (Development and Management) Act 2009 ss.7, 8(1)-(2)

Last checked: 2026-09-30

The sewage treatment plant (STP) the builder installed has stopped working and smells. Whose responsibility is it, and are there legal consequences?

Once handed over, the STP is the society's to operate and maintain, like other common installations; if it never worked properly, the defect is a claim against the builder. An STP required by the building permission usually comes with conditions — running it, disposing of sludge and possibly pollution-board consent — and a non-working plant can draw municipal or pollution-board action.

The 2014 list includes "Sewerage, Storm water Drain & Water Treatment Plant" among society repairs (BL 158(a)(xxi)); the draft names sewage treatment plants expressly (dBL 45(b)(j)) and bars pollution or discharge of harmful substances (dBL 169(d)). Why it matters: large projects are often required by their environmental clearance or building permission to treat sewage on site and reuse the treated water; a plant that is switched off to save power or run without a trained operator can breach those conditions. Steps: (1) collect from the builder the STP drawings, capacity, operation manual, any consent or clearance conditions and the last operator's logs; (2) engage a qualified operator on an annual contract with daily logs, sludge removal and periodic lab tests of treated water; (3) budget the power and chemicals in common charges; (4) if the plant was undersized or never commissioned, serve the builder a written demand — see builder_handover entries — and ask the ward office or pollution board what compliance is expected meanwhile; (5) use treated water only for flushing and gardening through a separate, marked line.

Not settled — check your own bye-laws or with the Registrar.

Legal basis: BL 158(a)(xxi); dBL 45(b)(j), 169(d); Environmental clearance / building permission conditions; Water (Prevention and Control of Pollution) Act 1974

Last checked: 2026-09-30

Several residents fell ill with stomach infections and we suspect the water tanks. What should the society do right away?

Treat it as a health emergency: tell residents to boil or use bottled drinking water, inform the municipal health department, get water samples tested from the tanks and taps, and have the tanks cleaned and disinfected. Check for sewage entering the underground tank or a cracked line.

Tanks and supply lines are the society's (BL 158(a)(iii)-(v); dBL 45(b)(h)-(i)), and the draft includes water quality among the committee's safety duties (dBL 132(g)), with a duty to act promptly on any unsafe condition and inform the concerned authority (dBL 164(d)). Steps: (1) the same day, notice to all residents on the notice board and app — boil water, report illness; (2) inform the ward's health officer, who may sample and advise; (3) take samples from the underground tank, overhead tank and a few taps to a recognised laboratory for bacteriological tests; (4) inspect the underground tank for cracks, missing lids, a sewer or drain line nearby, and the inlet for contamination during low-pressure hours; (5) empty, clean and disinfect the tanks (safety_fire_lift-010) and flush the lines; (6) if tanker water was used, stop that supplier and check its source (utilities_environment-303); (7) resume normal use only after a clean test result, and record everything in the water-quality log (dBL 138). Cost is a society expense; if a member's illegal connection or broken drain caused it, the cost can be recovered from him (dBL 166(b)).

Legal basis: BL 158(a)(iii)-(v); dBL 45(b)(h)-(i), 132(g), 138, 164(d), 166(b)

Last checked: 2026-09-30

We have decided to put rooftop solar on the common meter. What are the steps, in order, from idea to commissioning?

Structural check of the terrace, load and savings study, general-body approval of cost and use, vendor selection, net-metering application to the distribution company, installation by a registered vendor, inspection and meter change, then commissioning and a maintenance contract. Protect the terrace waterproofing and fire access throughout.

Bye-law basis: solar and alternate energy devices are society assets it maintains (BL 158(a)(xxiv); dBL 45(b)(k)); under the draft, a common renewable system needs general-body approval, a structural stability certificate where required, compliance with law and development control rules, and must not harm structure, waterproofing, fire safety, emergency access or refuge areas (dBL 183(b)-(c)); the general body decides how the energy is used, benefits allocated and costs recovered (dBL 183(d)). Steps: (1) a structural engineer certifies the terrace can take the frames and ballast; (2) an energy consultant or vendor studies the common meter's consumption (lifts, pumps, lights) and sizes the plant; (3) the committee places the proposal, quotations, payback, funding (sinking or special fund, or a loan) and a layout keeping terrace access and water tanks clear before the general body (Rule 106C-13(5)(b)); (4) select an empanelled vendor and sign a contract covering waterproofing protection, warranty and maintenance; (5) apply to the distribution company for net metering; (6) after installation, the company inspects and installs the bi-directional meter; (7) commission and hand over; enter the asset in the property register. Check the national rooftop solar portal for any central support available to housing societies for common facilities before budgeting. The governing regulations are the MERC (Grid Interactive Rooftop Renewable Energy Generating Systems) Regulations 2019, as amended in 2023 and 2024: an "eligible consumer" includes a consumer catering to a common load such as a housing society, and under net metering the plant may not exceed 5 MW or the connection's contract demand or sanctioned load, whichever is lower (reg. 2.1(j), as substituted in 2023). Since 2024 residential consumers in a housing society, including its common connection, may also pool one plant under virtual net metering through a nominated lead person. By MERC's practice direction of 30 June 2026 the digital agreement on the national rooftop portal is recognised in place of a separate physical net-metering agreement.

Legal basis: BL 158(a)(xxiv); Rule 106C-13(5)(b); dBL 45(b)(k), 183(b)-(d); MERC (Grid Interactive Rooftop Renewable Energy Generating Systems) Regulations 2019, reg. 2.1(j) as amended 2023 and 2024; practice direction of 30 Jun 2026

Last checked: 2026-09-30

Since the solar panels were installed, the top-floor flats have terrace leaks. Who repairs it — the society or the solar vendor?

The society must repair terrace leakage into top-floor flats in any case. If the leaks were caused by the vendor drilling or fixing frames through the waterproofing, the society can recover the cost from the vendor under its contract and warranty. For a member's own panels, the member is responsible.

Terrace waterproofing and rain-water leakage — including the damaged ceiling of top-floor flats — are the society's repairs (BL 158(a)(ix), (xiv), (xvii); dBL 45(b)(b), 49(c)). The draft requires any renewable installation not to affect waterproofing (dBL 183(c)(iv)) and makes a member liable for damage caused by his works or equipment (dBL 46(b)(i), 48(g)). Steps: (1) repair the leak promptly so top-floor members do not suffer (repairs_structure-002); (2) have an engineer inspect the mounting points and record whether anchors pierce the waterproofing or block drainage; (3) send the vendor a written notice under the contract's workmanship and warranty clauses asking it to rectify or bear the cost; (4) if it refuses, pursue the claim under the contract (arbitration if the contract has it, as BL 156(j) expects of works contracts) or in the civil court or consumer commission; (5) for future work, specify ballasted or non-penetrating mounts, or waterproofing collars at each anchor, and a joint inspection before and after. If the panels belong to a member (BL 169), the permission letter should make him responsible for any leakage his installation causes.

Legal basis: BL 156(j), 158(a)(ix), (xiv), (xvii), 169; dBL 45(b)(b), 46(b)(i), 48(g), 49(c), 183(c)(iv)

Last checked: 2026-09-30

The committee refused my request for terrace space to install my own solar water heater. What can I do?

Under the 2014 bye-laws, a member's request for terrace space for solar devices is binding on the society "as per the availability of the space", so ask for written reasons and challenge a refusal that is not about lack of space or safety. Under the draft 2026 bye-laws individual installations are ordinarily not permitted, but a refused member can take a representation to the general body within 30 days.

2014 bye-laws: if a member wants to install a solar water heating or solar electrical system, space shall be made available on the terrace as per availability, and on an application "it shall be binding on the Society to allocate space thereof as per the availability of the space" (BL 169); the committee regulates the operation of solar water heaters (BL 166). Draft 2026 bye-laws: individual installations on common areas are ordinarily not permitted; where adequate surplus space exists and the society has no common proposal, the committee may permit them under a uniform general-body policy (dBL 183(e)); if the committee refuses, the member may, within 30 days of the decision, submit a representation that goes to the next general body or a special one, whose decision is final (dBL 183(f)). Which to rely on: a society still on the 2014 model is bound by BL 169 until it adopts new bye-laws. Steps: (1) apply in writing with the system's size, weight and location, and an undertaking on maintenance, leakage and removal; (2) ask for a written decision with reasons; (3) if refused without a space or safety reason, ask for the matter to go to the general body, or file a dispute before the Co-operative Court (s.91). Solar water heaters are the member's own equipment to maintain (dBL 46(b)(i)).

Legal basis: BL 166, 169; dBL 46(b)(i), 183(e)-(f); MCS Act s.91

Last checked: 2026-09-30

I applied for an EV charger at my parking slot. The committee says it needs a general body resolution first and wants a monthly "EV fee". Is that allowed?

Under the draft 2026 bye-laws, no: a private charger at a member's own lawful slot does not need general-body approval, the society must issue the NOC within the Government's period, may refuse only for non-compliance with law, safety standards or bye-laws, and may not impose conditions more restrictive than the law. A fee for the society's own electricity or services is different from a charge for permission.

The draft states that installation of a private EV charging facility "shall not require the approval of the General Body", that the society shall issue the NOC within the period prescribed by the Government and not withhold it except for non-compliance with law, safety standards or the bye-laws (dBL 83(b)), that the member bears all costs including electricity (dBL 83(d)), and that the committee "shall not impose any condition which is inconsistent with or more restrictive than the applicable law or Government directions" (dBL 83(l)); the application format is in the draft's forms (see utilities_environment-011). What the society may legitimately charge: if the charger draws from the society's common supply through a sub-meter, the actual electricity cost and a reasonable maintenance charge approved by the general body; if it draws from the member's own meter or a new meter in his name, nothing for electricity. A flat monthly "EV fee" not linked to any cost to the society is hard to justify. Under the 2014 bye-laws there is no EV provision; charges need a general-body resolution and must not contradict the Act and Rules (Rule 106C-12(1)(m)). Steps: (1) submit a complete application with the contractor's licence and load details; (2) ask for the decision and reasons in writing; (3) if refused or delayed without a safety reason, approach the Registrar or the Co-operative Court (s.91).

Legal basis: dBL 83(b), (d), (l); Rule 106C-12(1)(m); MCS Act s.91

Last checked: 2026-09-30

We found a member charging his EV from the common parking light circuit. What can the society do?

Disconnect the unauthorised tap at once (it is also a fire risk), record it with photographs, and serve the member a notice. The society can recover the estimated electricity and any damage, and under the draft 2026 bye-laws treat it as tampering with common installations. Then offer him the proper route for a private charger.

Common electrical installations are the society's (BL 158(a)(xv); dBL 45(b)(k)); the draft forbids tampering with meters, electrical panels or any common installation (dBL 166(a)(v)), lets the society recover the loss or expense from the person responsible (dBL 166(b)), and forbids EV installations that interfere with common electrical installations or create a fire hazard (dBL 83(f)); a dangerous installation may be disconnected by reasoned order (dBL 83(h)). Damage to electrical systems is a serious violation (dBL 177(a)(v)). Steps: (1) the manager isolates the tap and a licensed electrician makes the circuit safe; (2) photograph and note date, time and vehicle; (3) serve a notice with an estimate of the energy drawn (charger rating × hours × tariff) and the repair cost, and a date for his reply; (4) after considering it, bill the amount as dues; (5) point him to the private-charger application (utilities_environment-011) or the society's common chargers if any (utilities_environment-012). Abstracting electricity from the distribution company's supply before the meter is an offence under the Electricity Act; drawing from the society's metered common supply is a matter between him and the society.

Legal basis: BL 158(a)(xv); dBL 45(b)(k), 83(f), (h), 166(a)(v), 166(b), 177(a)(v); Electricity Act 2003 s.135

Last checked: 2026-09-30

After news of EV fires, some members want to ban EV charging in the basement parking. Can the society do that?

A blanket ban is hard to square with the draft 2026 bye-laws, which give members a right to a private charger at their lawful slot and allow refusal only for non-compliance with law or safety standards. The society can insist on safe installations — licensed contractor, proper protection devices, ventilation, extinguishers, clear access — and act against unsafe ones.

The draft entitles a member to install a private charger at a parking space lawfully allotted to or available for him (dBL 83(a)); installations must follow the technical, electrical, structural and fire safety standards prescribed by law and competent authorities (dBL 83(e)), must not obstruct fire exits or emergency access or create a fire hazard (dBL 83(f)), may be inspected (dBL 83(g)) and may be disconnected for immediate danger or unrectified defects (dBL 83(h)); the committee may not impose conditions more restrictive than law or Government directions (dBL 83(l)). Where the basement's fire-safety approval or the fire authority's directions restrict charging there, that is a legal requirement the society can apply. Sensible safety conditions to adopt by general-body policy: chargers only from licensed contractors with RCD/earth-leakage protection and a dedicated circuit; no charging from ordinary sockets or extension cords; suitable extinguishers near charging bays; charging bays near ramps or exits where fire tenders can reach; CCTV coverage; periodic inspection. Put the policy in the emergency plan (dBL 162).

Legal basis: dBL 83(a), (e)-(h), (l), 162; Fire Act 2006 s.3(1)

Last checked: 2026-09-30

Our common electricity bill is the biggest item in maintenance. What practical steps cut it, and which need general body approval?

Most savings are operational and within the committee's powers: LED fittings, timers and motion sensors, pump scheduling, fixing water leaks, and checking the tariff category and power factor. Capital items such as rooftop solar, lift modernisation or new pumps above the committee's spending limit need the general body.

Common electricity is part of the service charges shared equally among flats (Rule 106C-12(2)(k), (4) item 1); energy efficiency and renewable energy are encouraged (dBL 169(b), 183(a)). A practical list: (1) audit the bill — tariff category (residential common supply), contract demand, power-factor penalties and any fixed charges for unused load; ask the distribution company to reduce sanctioned load if it is far above use; (2) replace common lights with LED and add timers for compound lights and motion sensors on stair landings, keeping emergency lighting working (safety_fire_lift-324); (3) run water pumps on a timetable that fills tanks once or twice a day and fix leaks and overflows (utilities_environment-319); (4) service lift controllers and consider modernisation with regenerative drives when replacing (safety_fire_lift-305); (5) check the DG set runs only in outages and its fuel is logged (utilities_environment-318); (6) rooftop solar on the common meter (utilities_environment-309). Spending within the committee's one-time limit can proceed; larger items need the general body (Rule 106C-13(5)(b)). Report savings in the annual accounts so members see the result.

Legal basis: Rule 106C-12(2)(k), (4) item 1; 106C-13(5)(b); dBL 169(b), 183(a)

Last checked: 2026-09-30

There is a transformer and HT panel in our compound. Does the society own and maintain them, or the electricity company?

It depends on how the connection was given. Where the distribution company installed its transformer on land given for the purpose, it usually owns and maintains it and the society must allow access. Where the society (or the builder for it) bought an HT connection with its own transformer, the society owns and maintains it and needs a licensed operator and periodic inspection.

The draft 2026 bye-laws list "the main electrical supply system including transformer, HT/LT panels, meter room" among installations the society maintains (dBL 45(b)(k)) — that applies to equipment that is the society's; equipment owned by the distribution licensee remains its responsibility under its supply terms. The 2014 list stops at electric lines up to the flats' main switches and generators (BL 158(a)(xv), (xviii)). To find out: (1) check the handover documents and the supply agreement for the connection type (LT supply from the company's substation, or HT supply metered at the society's panel); (2) look for a lease or sub-station agreement for the transformer room; (3) ask the distribution company's sub-division office. If the society owns HT equipment, it must engage qualified persons to operate and maintain it and arrange the statutory inspections under the central electrical safety regulations; budget for oil tests, earthing checks and protective relays. In either case keep the transformer area fenced, free of storage and parking, with fire extinguishers suitable for electrical fires (dBL 78(b), 174(b)).

Legal basis: BL 158(a)(xv), (xviii); dBL 45(b)(k), 78(b), 174(b); Central Electricity Authority safety regulations; distribution licensee's supply code

Last checked: 2026-09-30

The municipal health inspector found mosquito breeding in our society and served a notice. Who is liable, and what should we do?

The society answers for breeding in common areas — tanks, terrace, gutters, parking, scrap — and each member for his own flat, balcony pots and coolers. Comply with the notice within the time given, clean up, and put a routine in place; municipal corporations can fine for repeated breeding.

Common areas, tanks, drains and the terrace are the society's to maintain (BL 158(a); dBL 45(b)); members must keep their flats clean, hygienic and in repair (BL 44; dBL 44(a)) and not create unhygienic conditions harmful to public health (dBL 168(d)). The draft lets the society recover cleaning or restoration costs caused by a member (dBL 176(e)). Powers to inspect premises, serve notices to remove breeding places and impose fines come from the municipal Acts and bye-laws, not the MCS law. Steps: (1) read the notice for the spots found and the deadline; (2) the same day, have staff empty and scrub containers, cover tanks, clear terrace outlets and gutters, remove scrap and tyres, and treat unavoidable water with larvicide; (3) if the spot is in a flat or balcony, give the member a written request with a copy of the notice; (4) reply to the ward office with photographs of compliance; (5) set a weekly dry-day routine in the monsoon and record it; (6) if a fine is levied because of a member's premises, the general body may decide to recover it from him. Include pest control arrangements (ops-009). In Mumbai, no person may keep or allow on land owned or possessed by him any collection of water in which mosquitoes breed, and the natural presence of larvae is evidence of breeding (MMC Act 1888 s.381B); the offence carries a fine of up to ten thousand rupees and up to two thousand rupees a day while it continues (s.471 schedule). In other corporations the nuisance rules in the Schedule to the Maharashtra Municipal Corporations Act 1949 let the Commissioner require breeding places to be removed.

Legal basis: BL 44, 158(a); dBL 44(a), 45(b), 168(d), 176(e); MMC Act 1888 ss.381B, 471; Maharashtra Municipal Corporations Act 1949, Schedule (nuisance rules)

Last checked: 2026-09-30

How should the cost of running the diesel generator (DG set) for lifts and pumps be shared, and what controls should we keep?

When the DG set backs up common services (lifts, pumps, common lights), its diesel and maintenance are common expenses — part of common electricity and repairs — shared equally among flats unless the general body lawfully sets a different basis. If it also supplies flats, that part should be metered and billed to the flats that use it.

Generators are on the society's repair list (BL 158(a)(xviii); dBL 45(b)(k)); common electricity charges are service charges shared equally (Rule 106C-12(2)(k), (4) item 1). Lift running costs are shared equally among flats in the building served (Rule 106C-12(4) item 4) — so in a multi-building society, DG cost for one building's lifts can be allocated to that building. Where the DG set provides back-up to individual flats (common in newer projects), the load to each flat should be metered and billed by consumption, or by a basis the general body approves and records (Rule 106C-12(1)(m)). Controls: (1) a DG log — start and stop times, hours, reason (outage or test), diesel added, meter readings; (2) diesel bought on bills and stored within permitted quantities, away from exits and the meter room (Fire Act; dBL 51(b)); (3) an AMC with the supplier and a weekly no-load test; (4) monthly reconciliation of diesel against hours by the treasurer; (5) noise and exhaust within pollution norms and the enclosure kept in order.

Legal basis: BL 158(a)(xviii); Rule 106C-12(1)(m), (2)(k), (4) items 1, 4; dBL 45(b)(k), 51(b)

Last checked: 2026-09-30

A member's flush tank and taps leak all day and waste water that everyone pays for. Can the society make him fix it or penalise him?

Yes. Members must maintain their internal plumbing to prevent wastage; the committee can serve a notice to repair within a set time. Under the draft 2026 bye-laws, water wastage or failure to fix internal leakage after notice is a Category I violation — a warning first, then a penalty the general body has approved.

Internal pipes, taps and sanitary fittings are the member's to maintain (BL 158(b); dBL 46(b)(d), (f)); the draft says every member shall maintain internal plumbing and sanitary fittings "so as to prevent leakage, seepage and wastage of water" (dBL 169(c)) and lists "water wastage or failure to rectify internal leakage after notice" as a Category I violation (dBL 175(a)(viii)): the committee records it, may warn for a first instance, then gives notice and a chance to explain, and may impose a general-body approved penalty recoverable as dues (dBL 176). Where the leak also damages another flat, the leakage procedure applies and the society may repair at his cost after notice (dBL 49(g)). Under the 2014 bye-laws there is no specific penalty; the society relies on the notice-and-repair route (BL 46(c)). Practical steps: the plumber checks overflow pipes during a low-use hour; the manager notes flats with running overflows; the committee sends a friendly notice with a 7-day deadline, then the formal route. Where water is shared by inlets, a wasteful flat does not pay more — another reason to act.

Legal basis: BL 46(c), 158(b); dBL 46(b)(d), (f), 49(g), 169(c), 175(a)(viii), 176

Last checked: 2026-09-30

The common drain keeps choking because someone flushes wipes, cloth and cooking oil. Who pays for clearing it?

Clearing and repairing the common drainage line is the society's job and cost in the first place. If the choke is traced to a particular flat's misuse, the society can recover the cost from that member after notice; otherwise it is a common expense, and the answer is awareness and grease traps.

Drainage lines, septic tanks, sewerage and leakages from common drainage lines are society repairs (BL 158(a)(vi)-(vii), (xiv), (xxi); dBL 45(b)(j)). A member's own branch up to the common stack is his (dBL 46(b)(e)). The draft forbids throwing waste into drains (dBL 168(b)(iii)) and lets the society recover loss or expense from the person who damages common property (dBL 166(b)); the Solid Waste Management Rules 2026 also bar disposing of waste in drains and require sanitary waste to be wrapped and kept separately (SWM Rules 2026 r.5(1)(c), (f)). Steps: (1) have the drain cleared at once — overflow of sewage is a health hazard; (2) ask the plumber where the blockage is and what caused it (a camera inspection can show which branch); (3) if one flat's branch is the source, send the member the plumber's report and the bill, with a chance to respond; (4) circulate a notice on what not to flush or pour, and consider grease traps in kitchen lines at the next major plumbing work. Repeated sewage overflow into a flat is also a leakage matter (repairs_structure-319).

Legal basis: BL 158(a)(vi)-(vii), (xiv), (xxi); dBL 45(b)(j), 46(b)(e), 166(b), 168(b)(iii); Solid Waste Management Rules 2026 r.5(1)(c), (f)

Last checked: 2026-09-30

What should residents do with sanitary waste, old medicines, tube lights, batteries and renovation debris?

Under the Solid Waste Management Rules 2026 households segregate into four streams — wet, dry, sanitary and special care — and hand each to the authorised collector. Sanitary waste is wrapped and kept in its own bin; medicines, bulbs, tube lights and batteries are "special care" waste; renovation debris is stored separately and disposed of under the construction and demolition waste rules, not put in the society's bins.

The Rules (in force from 1 Apr 2026) require every waste generator to segregate and store waste in four separate streams — wet, dry, sanitary and special care — and hand it to authorised collectors (SWM Rules 2026 r.5(1)(b)); to wrap used diapers and sanitary pads securely and place them in a separate sanitary bin (r.5(1)(c)); to store construction and demolition waste separately in their own premises and dispose of it under the Environment (Construction and Demolition) Waste Management Rules 2025 (r.5(1)(d)); and not to throw, burn or bury waste in the open or in drains (r.5(1)(f)). "Special care waste" covers discarded paint drums, pesticide containers, CFLs and tube lights, expired medicines, broken mercury thermometers, waste batteries, used needles and similar household items (r.3). The draft bye-laws require compliance with municipal waste rules and let the committee arrange collection, segregation and storage (dBL 168). For the society: provide four labelled bins or collection days; tell the collector which days special care waste goes; require renovation contractors to bag debris and remove it the same day through the municipal debris service or an authorised transporter (repairs_structure-308); e-waste goes to authorised e-waste collectors under separate rules. See utilities_environment-004 and -005 for general and bulk-generator duties.

Legal basis: Solid Waste Management Rules 2026 rr.3, 5(1)(b)-(f); dBL 168

Last checked: 2026-09-30

My flat is locked and unused for a year. Do I still have to pay water charges?

Generally yes. Under the 2026 Rules water charges are shared by the number and size of inlets in each flat as per the sanctioned plan, not by actual use, so a closed flat pays its share. Non-occupancy charges are a separate item that applies to flats let out, not to flats kept closed by the owner.

Water charges are apportioned "on the basis of total number and size of inlets or taps provided in each flat as per the sanctioned building plan" (Rule 106C-12(4) item 3; BL 66(a)(ii)); the basis is the installed inlets, because the society's municipal bill, pumping and tank costs continue whether or not a flat is occupied. Only if the general body has lawfully adopted metered billing can a closed flat's charge fall to the fixed component (utilities_environment-002). Non-occupancy charges (10% of service charges under Rule 106C-12(4) item 8) are levied where a member does not himself occupy the flat and lets it out; they are not a charge for leaving a flat empty. A member going away for a long period should: keep paying maintenance by standing instruction to avoid interest and defaulter status; close the main valve and switch off the flat's supply to prevent leaks; leave keys or an emergency contact with the society in case of a leak (dBL 50(e)); and tell the Secretary in writing. Some societies allow a small concession by general-body resolution for long-closed flats on specific heads; that is a policy choice, not a right.

Legal basis: Rule 106C-12(4) items 3, 8; BL 66(a)(ii); dBL 50(e)

Last checked: 2026-09-30

On water, electricity, solar and EV charging, what differs between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

The 2026 Rules now fix water sharing by inlets "as per the sanctioned building plan" and keep common electricity in service charges shared equally. The 2014 bye-laws gave members a binding right to terrace space for solar devices and said nothing on EVs. The draft 2026 bye-laws give members a right to private EV chargers without general-body approval, let the society set up common chargers, and make individual solar on common areas the exception rather than the rule.

2014 bye-laws: water charges by number and size of inlets (BL 66(a)(ii)); common electricity in service charges (BL 65); pumps, tanks, pipelines, rainwater harvesting, STP, generators and solar devices are society repairs (BL 158(a)); the committee regulates solar water heaters (BL 166); space for a member's solar devices is binding as per availability (BL 169); inadequate water supply is a municipal matter and unequal supply a Co-operative Court dispute (forum list). 2026 Rules (binding from 22 Jun 2026): water by inlets "as per the sanctioned building plan" (Rule 106C-12(4) item 3); common electricity charges within service charges shared equally (Rule 106C-12(2)(k), (4) item 1); other charges only as the general body approves without contradicting the Act and Rules (Rule 106C-12(1)(m)). Draft 2026 bye-laws: detailed society list including borewells, hydro-pneumatic systems, STPs, transformers and solar systems (dBL 45(b)(h)-(k)); private EV chargers as of right, NOC within the Government's period, member bears all cost, society may run common chargers and recover charges (dBL 83); water conservation, leak prevention and green measures (dBL 169); common renewable systems with general-body approval and structural certification, individual ones only under a uniform policy with a 30-day representation to the general body (dBL 183); water wastage as a Category I violation (dBL 175(a)(viii)). The draft may change.

Legal basis: BL 65, 66(a)(ii), 158(a), 166, 169; forum list; Rule 106C-12(1)(m), (2)(k), (4) items 1, 3; dBL 45(b)(h)-(k), 83, 169, 175(a)(viii), 183

Last checked: 2026-09-30

I pay my maintenance, but the society has not paid the municipal water bill and the corporation threatens to disconnect. What can I do?

Ask the committee in writing, and at the general body, why the bill is unpaid and demand that it be paid from the water charges already collected. If collections are being diverted or the committee is not acting, complain to the Registrar; a member cannot usually pay the corporation directly for the whole connection, but members can agree to fund arrears as a stop-gap.

The society collects water charges from members precisely to pay the local authority (Rule 106C-12(1)(c); BL 64-66), and the committee must maintain accounts and see that dues are paid (dBL 132). Unpaid statutory dues with money collected for them points to mismanagement or to large member defaults. Steps: (1) ask for the water-bill ledger and the list of arrears in water charges — members may inspect society records (s.154B-8); (2) ask for an urgent committee meeting and, if needed, a special general meeting; (3) if defaulters are the cause, the committee should start recovery (s.154B-29; Rule 106C-14); (4) if collected money was used for other purposes or cannot be traced, complain to the Registrar, who can inquire (s.83) or inspect (s.89A), and the auditor will report it; loss caused by office-bearers can be surcharged (s.88); (5) write to the corporation's water department explaining that members have paid and asking for time or instalments — corporations often allow this. Inadequate supply or disconnection affecting the society is also a municipal matter under the 2014 forum list.

Legal basis: Rule 106C-12(1)(c); 106C-14; MCS Act ss.83, 88, 89A, 154B-8, 154B-29; BL 64-66; forum list item d(ii); dBL 132

Last checked: 2026-09-30

What is the daily routine for the water pumps and tanks?

Record the underground and overhead tank levels and the pump running hours in a pump register every day, run the pumps in rotation, never let a pump run dry, check for leaks, noise and overflow, and keep the tank lids locked. Clean the tanks at least twice a year and record it. These are society routines and municipal advice rather than bye-law rules.

Water pumps, storage tanks and external pipelines are the society's to repair and maintain at its cost (BL 158(a)). The regime profile sets a weekly pump and motor check and half-yearly tank cleaning (municipal advice); see safety_fire_lift-010 on tank cleaning. Daily pump-house routine: - note the municipal supply hours and the underground tank level before pumping; - start the pump only when the underground tank has enough water (dry running burns the pump); stop it when the overhead tank is full, or check that the float switch does; - alternate the main and standby pumps day by day so both stay in working order; - look for leaking glands, unusual noise, vibration or heating; note it; - check the overflow pipe: water running from it means a float valve has failed; - keep the tank lids closed and locked; no one goes into a tank without supervision and ventilation. Enter faults in the register and tell the Secretary the same day. A pump running all night wastes power and water.

Legal basis: BL 158(a)

Last checked: 2026-09-23

A pipe has burst or water is pouring into a flat or the basement. What should staff do?

Stop the water first: close the nearest isolation valve or the flat's inlet valve, or switch off the pump. Switch off electricity to wet areas if it can be done safely. Inform the affected members and the Secretary, call the plumber, move cars and goods out of the water, and photograph the damage. Who pays for the repair depends on where the leak is.

The society repairs external pipelines, drainage lines, tanks and leakages from common pipes and the terrace (BL 158(a)); a member pays for leaks from their own toilet, sink or internal fittings (BL 158(b)); see ops-006. In an emergency involving flooding or leakage, the draft 2026 bye-laws let the society enter a flat without prior notice to the extent needed (dBL 50(e)); under the 2014 text, get the occupant's consent or a committee member present. Staff steps: 1. Find and close the right valve (keep a valve map in the pump house); stop the pumps if the leak is on the rising main. 2. If water is near meters, panels or lift pits, switch off the supply to that section only if it can be done safely; call the lift contractor if water reaches the lift pit. 3. Tell the members below and around, and the Secretary or Chairman. 4. Call the society's plumber; for a municipal main outside the compound, call the ward office. 5. Photograph the source and the damage for the repair decision and any insurance claim. 6. Write it in the occurrence book; the Secretary inspects and reports to the committee (BL 155). If the fix exceeds the committee's routine limits, the emergency route applies (committee-205).

Legal basis: BL 155, 158; dBL 50(e)

Last checked: 2026-09-23

The power has gone. What should staff do about the lifts, pumps and the generator?

Check whether anyone is trapped in a lift and follow the entrapment steps. Check whether the outage is only the society's supply or the whole area, and report it to the electricity company. If there is a DG set, start it as per its operating instructions for essential loads (lifts, pumps, common lights), log the running hours and diesel, and switch back to mains when supply returns. Never bypass the changeover switch.

Generators and the common electric lines up to the flats' main switches are the society's to maintain (BL 158(a)). The regime profile sets a monthly DG test run on load with the diesel level logged. Power failures need not go in the lift log book, but entrapments do (Lifts Act s.24; safety_fire_lift-201). Steps (good practice): 1. Lifts: ring each lift intercom; if anyone is inside, call the AMC and follow safety_fire_lift-201. 2. Find the cause: only the society (tripped main breaker, blown service fuse) or the whole area. Do not reset a breaker that trips again; call the electrician. 3. Report to the distribution company's complaint number and note the complaint number. 4. DG set: start it following the operator's checklist; supply only the essential loads it is sized for; keep the room ventilated; never refuel while running. 5. When mains return, change over as the manufacturer instructs; stop the DG after the cool- down time; log hours and diesel used. 6. Write it in the occurrence book. Only a licensed electrician should work on panels or meters.

Legal basis: BL 158(a); Maharashtra Lifts, Escalators and Moving Walks Act 2017 s.24

Last checked: 2026-09-23

How should the society's water bill be shared among the flats?

By the number and size of water inlets (taps and connections) provided in each flat as per the sanctioned building plan — not equally and not by area. Flats with more or larger inlets pay more. The municipal water bill itself is paid by the society and recovered through the maintenance bill.

Water charges are a head of the society's charges (Rule 106C-12(1)(c); BL 64(ii)). The 2026 Rules share them "on the basis of total number and size of inlets or taps provided in each flat as per the sanctioned building plan by the competent authority" (Rule 106C-12(4) item 3; dBL 63(a)(iii)); the 2014 bye-laws said the same without the reference to the sanctioned plan (BL 66(a)(ii)). Referring to the sanctioned plan stops disputes about extra taps a member added later — the base is what the plan provides. How to apply it: list the inlets per flat type from the sanctioned plan (kitchen, each toilet, wash area), give each size a weight (for example a 15 mm inlet = 1, a 20 mm inlet = 1.5 — the weights are for the general body to fix), and divide the bill in proportion. A society office's own water charges belong in service charges (Rule 106C-12(2)(b)). Where the society has installed flat-wise water meters, sharing by actual consumption needs a general-body resolution and should be reflected in the bye-laws (utilities_environment-002). The society may not cut a member's water supply to recover dues (defaulters_recovery-003). Inadequate municipal supply is a matter for the municipal ward office (BL annexure item d(ii)).

Legal basis: Rule 106C-12(1)(c), (2)(b), (4) item 3; BL 64(ii), 66(a)(ii); annexure item d(ii); dBL 63(a)(iii)

Last checked: 2026-09-23

Can the society install separate water meters for each flat and bill by actual use?

Only with care. Rule 106C-12(4) item 3 fixes the sharing basis for water charges as the number and size of inlets in each flat under the sanctioned plan, and neither a general-body resolution nor a registered bye-law amendment can override a Rule. Sub-meters can be used to find leaks and show each flat its use, but the society's water bill must still be shared on inlets unless flats take individual municipal connections.

Rule 106C-12(4) item 3 fixes the basis for sharing water charges (utilities_environment-001): the committee "shall apportion" them on the total number and size of inlets or taps in each flat as per the sanctioned building plan. The Act and Rules prevail over resolutions and over the society's bye-laws (formation_byelaws-014), and the Rule contains no proviso letting the general body choose another basis, so billing the society's municipal water charge by sub-meter readings — by resolution or by a bye-law amendment — can be struck down as contrary to the Rule. What the society can do: (1) install sub-meters to detect leaks and show each flat its consumption, and publish the readings; (2) use persuasion and the draft bye-laws' conservation duties against heavy users (dBL 169(a), (c)); (3) where the municipal corporation offers individual connections and meters to flats on application, members can take them — the member then pays the municipality directly and that water is no longer a charge on the society; (4) if members want metered sharing of the society's bill, seek a written clarification from the Registrar before adopting it. Practical points: meters must be accessible for reading; tampering is a violation under the draft 2026 bye-laws (dBL 166(a)(v)); common uses (garden, cleaning, pool) must be metered or allocated separately.

Legal basis: Rule 106C-12(4) item 3; dBL 166(a)(v), 169(a), (c)

Last checked: 2026-09-30

How is the common electricity bill (lifts, pumps, lights) shared, and who pays for my flat's electricity?

Common electricity for lights, pumps and other common services is part of service charges and is shared equally by all flats. Running the lifts is shared equally among the flats of the building that has the lift. Each flat's own electricity is a contract between the member and the power company; the society has no role in it.

Common electricity charges are listed in service charges (Rule 106C-12(2)(k); BL 65(l); dBL 62(xi)), and service charges are "equally divided by number of units or flats" (Rule 106C-12(4) item 1). Expenses on repairs, maintenance and running of lifts, including their electricity where metered separately, are shared equally among the units of the building in which the lift is provided (item 4). In a multi-building society, keep the lift meters (or a sub-meter) separate so that each building bears its own lift cost. The common meters are in the society's name; the society's electrical installations up to each flat's supply point are society property to maintain (dBL 45(b)(xi); BL 158(a)(xv) "electric lines up to main switches in the flats"). Each flat's meter and bill are between the member (or occupant) and the distribution company. The society may not disconnect a member's supply to recover dues (defaulters_recovery-003); applications for a new flat meter or load increase are made to the distribution company, and a society NOC, if the company asks for one, should not be refused without a safety reason. Reducing the common bill: LED lighting, timers and sensors, pump scheduling and rooftop solar (utilities_environment-010). Electricity for the society's own office is also a service charge (Rule 106C-12(2)(b)).

Legal basis: Rule 106C-12(2)(b), (2)(k), (4) items 1 and 4; BL 65(l), 158(a)(xv); dBL 45(b)(xi), 62(xi)

Last checked: 2026-09-23

What must residents and the society do about garbage under the solid waste rules?

From 1 Apr 2026 every household must segregate waste into four streams — wet, dry, sanitary and special-care — and hand it only to authorised collectors, and must pay the municipal user fee. Housing societies and gated complexes over 5,000 sq m must organise segregated collection and, as far as possible, compost or bio-methanate wet waste on their own premises.

The Solid Waste Management Rules 2026 (in force 1 Apr 2026, replacing the 2016 Rules) require every waste generator to segregate and store waste in four separate streams at source — wet waste, dry waste, sanitary waste and special care waste — and hand it to authorised waste pickers or collectors as the local body directs; to wrap used diapers and sanitary pads securely and put them in the sanitary-waste bin; to store construction and demolition waste and garden waste separately in their own premises; not to throw, burn or bury waste on streets, open spaces, drains or water bodies; and to pay the user fee set by the local body's bye-laws (Rule 5(1)). All gated communities and institutions with more than 5,000 sq m area and all resident welfare associations must, within one year of the notification and in partnership with the local body, ensure segregation at source, arrange collection in separate streams, give recyclables to authorised pickers or recyclers, and process biodegradable waste by composting or bio-methanation within the premises as far as possible; residual waste goes to the local body's collectors (Rule 5(2)). Larger societies may also be "bulk waste generators" with more duties (utilities_environment-005). The draft 2026 bye-laws put the same duties in the society's rules: members must segregate as the local authority requires and use designated places; the committee arranges collection, segregation, storage, composting, recycling and disposal (dBL 168); failure to segregate is a Category I violation (dBL 175(a)(v)), dealt with by warning, notice and a penalty the general body approves (dBL 176). Municipal SWM bye-laws add spot fines for not segregating or littering; check your corporation's current bye-laws.

Legal basis: SWM Rules 2026 r.5(1), 5(2) (S.O. 388(E), 27 Jan 2026); dBL 168, 175(a)(v), 176

Last checked: 2026-09-23

Is our society a "bulk waste generator", and what extra duties does that bring?

Under the 2026 rules a residential society is a bulk waste generator if it has a built floor area of 20,000 sq m or more, uses 40,000 litres of water a day, or generates 100 kg of waste a day. It must register with the local body on the central online portal, process its wet waste on site (or, if it is an existing building and gets an exemption, buy processing certificates from the local body), and file an annual return by 30 June.

SWM Rules 2026 r.3(1)(i) defines bulk waste generators to include "residential societies" that meet at least one criterion: buildings with floor area of 20,000 sq m or above; water consumption of 40,000 litres a day; or solid waste generation of 100 kg a day. (Under the 2016 Rules residential societies were not in the bulk-generator list; only the 5,000 sq m on-site composting duty applied.) Duties (r.6): register with the local body through the centralised online portal and keep to the registration conditions; hand dry, sanitary and special-care waste to the local body or its authorised agency; collect and process wet and garden waste in a decentralised way (composting, bio-methanation or other approved technology); new bulk generators must set up adequate wet-waste processing; existing ones that cannot may get an exemption from the local body and must then buy "Extended Bulk Waste Generator Responsibility" certificates for the wet waste they generate; deal only with registered entities; give residual waste and inerts to authorised collectors; and file an annual return by 30 June on the portal. Non-compliance attracts environmental compensation levied by the State Pollution Control Board (MPCB in Maharashtra) and action under s.15 of the Environment (Protection) Act (r.17). For the society: estimate your daily waste (a rough weighing over a week) and check the floor area in the occupancy certificate and the water bill. Put the registration, the composting plan and its cost before the general body; the committee should keep the certificate, returns and processing records with the society's statutory records.

Legal basis: SWM Rules 2026 r.3(1)(i), r.6, r.17; dBL 168(c)

Last checked: 2026-09-23

We want to start wet-waste composting in the society. Who decides, who pays, and where can it go?

The committee can propose it and the general body should approve the space, capital cost and running cost. The cost is a common expense shared by the members. Composting units and garbage rooms are common facilities the society maintains; place them away from windows, water tanks and fire exits.

For larger societies on-site processing is a legal duty "as far as possible" (SWM Rules 2026 r.5(2)) or a firm duty for bulk generators (r.6; utilities_environment-005); for others it is good practice. The draft 2026 bye-laws make arranging composting part of the committee's work (dBL 168(c)), list composting units and waste systems among the common facilities the society maintains (dBL 45(b)(xviii)), and encourage composting (dBL 169(b)). Decision and cost: capital spending beyond the committee's one-time limit needs general-body approval (Rule 106C-13(5)(b)); running costs (staff time, bulking agent, maintenance) are service or amenity charges shared equally or as the general body fixes (Rule 106C-12). Using an open space or the terrace for a unit is use of common property and should be approved by the general body. Siting and safety: on a hard, drained base; not blocking driveways, fire-tender access or refuge areas (dBL 166(a)(iv)); covered to keep out rodents and rain. Choose a system sized for the daily wet waste (roughly 0.3-0.4 kg per person per day is a common planning figure). Some municipal corporations give property-tax rebates or recognition for societies that process waste; ask your ward office. Members who do not segregate undermine the system; see utilities_environment-007.

Legal basis: SWM Rules 2026 r.5(2), r.6; Rule 106C-12, 106C-13(5)(b); dBL 45(b)(xviii), 166(a)(iv), 168(c), 169(b)

Last checked: 2026-09-23

Some residents keep mixing their waste or leave bags in the stairwell. What can the society do?

Remind them in writing, then treat it as a violation of the bye-laws: under the draft 2026 bye-laws failure to segregate and dumping in common areas are violations that attract penalties fixed by the general body after notice. The municipality can also fine the household under its solid-waste bye-laws. Housekeeping staff may refuse unsegregated waste only if the society has decided so and informed residents.

Members and occupants must segregate as the local authority requires, use designated places, and not throw waste in passages, staircases, lifts, open spaces, drains, terraces or neighbouring properties (dBL 168(b)); the draft treats failure to segregate waste and littering as Category I violations (dBL 175(a)(iv)-(v)): a warning for a first lapse, then notice and an opportunity to explain, then a penalty approved by the general body, with cleaning costs recoverable (dBL 176), and uniform recovery and records (dBL 180). Under the 2014 bye-laws there is no specific garbage clause; the society can rely on the general duty not to cause nuisance and on general-body resolutions. Steps: a notice-board circular and individual reminder; a written notice citing the bye-law and the municipal rule; a hearing before the committee; then the penalty if the general body has fixed one. Record each incident (photos, date, flat). Refusing to collect unsegregated waste is a common municipal practice and societies may adopt it by resolution, but give notice first and do not leave waste to rot in common areas. The SWM Rules 2026 require every generator to segregate into four streams and pay the user fee (r.5(1)); municipal SWM bye-laws in Maharashtra's corporations carry spot fines for non-segregation and littering. A persistent problem can be reported to the ward's solid-waste department. Keep penalties proportionate: an excessive fine can be challenged before the Co-operative Court under s.91.

Legal basis: dBL 168(b), 175(a)(iv)-(v), 176, 180; SWM Rules 2026 r.5(1); MCS Act s.91

Last checked: 2026-09-23

Must our building have rainwater harvesting, and who maintains it?

Newer buildings in Maharashtra are generally required by the development control regulations to have rainwater harvesting as a condition of approval. Once the society takes over, the system is common property that the society must maintain at common cost; the 2014 bye-laws list it among the society's repairs.

Rain water harvesting is on the society's list of repairs and maintenance (BL 67(a) / 158(a)(xx)), and the draft 2026 bye-laws include rainwater harvesting systems among the common water installations the society maintains (dBL 45(b)(viii)) and encourage it as a green measure (dBL 169(b)). Whether it is compulsory for a given building depends on the building rules applicable when the plan was sanctioned: the Unified Development Control and Promotion Regulations (UDCPR) for most of Maharashtra and the Development Control and Promotion Regulations 2034 in Mumbai require rainwater harvesting for new buildings above specified plot sizes, and the municipality may check it at the occupancy certificate stage. Check the sanctioned plan and the occupancy certificate conditions; if the developer did not provide a system that was a condition of approval, raise it with him (see builder_handover entries) and with the planning authority. Maintenance: clean roof catchments and filters before the monsoon, desilt recharge pits and check overflow lines; record the work in the maintenance register. Retrofitting an older building is a society project needing general-body approval of the cost.

Legal basis: BL 67(a) / 158(a)(xx); dBL 45(b)(viii), 169(b); UDCPR (Maharashtra); DCPR 2034 (Mumbai)

Last checked: 2026-09-30

How often should the society clean the water tanks, and who is responsible?

Overhead and underground tanks, sumps and pumps are the society's to maintain, so cleaning is the committee's responsibility at common cost. The Act and bye-laws do not fix a frequency; cleaning and disinfecting at least twice a year, and after any contamination, is common practice. Keep the vendor's report and water-test results.

Water storage tanks and pumps are on the society's repair list (BL 67(a) / 158(a)(iv)-(v)); the draft 2026 bye-laws list overhead tanks, underground tanks, sumps and pumps as society installations (dBL 45(b)(viii)), make water quality and sanitation part of the committee's duties (dBL 132(g)), and require water-quality reports to be kept for five years (dBL 138(e)). Frequency is not set by the MCS law. Municipal corporations periodically advise societies to clean tanks and many societies do it every six months (before and after the monsoon), plus immediately after complaints of colour, smell, illness or a pipe burst near a drain. A water test by a recognised laboratory after cleaning gives evidence. Safety: tank cleaning is confined-space work — use a trained vendor, ventilate the tank, keep a person outside, use safety equipment and isolate pumps. The society may be held responsible for injury to workers it engages; see staff_vendors entries. Notify residents in advance about the water cut and store water.

Legal basis: BL 67(a) / 158(a)(iv)-(v); dBL 45(b)(viii), 132(g), 138(e)

Last checked: 2026-09-23

Can the society install rooftop solar for common use, and can a member put his own solar panels on the terrace?

A common solar plant on the terrace needs general-body approval, a structural check and the power company's net-metering connection. On a member's own system the two bye-law sets differ: the 2014 bye-laws make it binding on the society to give terrace space to members who ask, subject to availability; the draft 2026 bye-laws ordinarily disallow individual installations on common areas unless there is surplus space and no common plan.

2014 bye-laws: the committee regulates solar water heaters (BL 166); if a member wants to install a solar water heating or solar electrical system, space shall be made available on the terrace as per availability, and on an application for space for solar or renewable-energy devices "it shall be binding on the Society to allocate space thereof as per the availability" (BL 169). Solar and alternate energy devices are on the society's repair list (BL 158(a)(xxiv)). Draft 2026 bye-laws: the society may install solar photovoltaic, solar water heating, battery storage and other renewable systems on terraces or common areas for the common benefit, subject to general-body approval, structural stability certification where required, compliance with law and development control regulations, and no harm to waterproofing, fire safety, refuge areas or access (dBL 183(b)-(c)); the general body decides how the energy and savings are used and costs recovered (dBL 183(d)). Individual installations on common areas are ordinarily not permitted, but where surplus space exists and there is no common proposal, the committee may permit them under a uniform general-body policy (dBL 183(e)). Practical: use the common plant to offset the common meter (lifts, pumps, lights) through net metering with the distribution company under the Maharashtra Electricity Regulatory Commission's rooftop regulations; central schemes for rooftop solar have offered support to housing societies for common facilities — check the current terms on the national rooftop solar portal before budgeting. Get the structural engineer's report and the fire authority's view on terrace access before work starts.

Legal basis: BL 158(a)(xxiv), 166, 169; dBL 183; MERC rooftop renewable energy regulations; national rooftop solar scheme

Last checked: 2026-09-23

I want to install an EV charger at my parking slot. Can the society refuse, and who pays?

Under the draft 2026 bye-laws every member may install a private EV charger at the parking space lawfully allotted to him, without general-body approval; the society must issue the NOC on a complete, safe application and may refuse only for non-compliance with law, safety or the bye-laws. The member bears all costs, including a separate meter, cabling and electricity. The 2014 bye-laws are silent, so committees should follow the same approach.

dBL 83 (draft 2026; its margin note says it follows guidelines of the Chief Electrical Inspector, and the margin note to dBL 76 cites High Court directions in WP 1580 of 2024 on EV charging): (a) a member is entitled to install a private charger at a lawfully allotted or available parking space; (b) no general-body approval is needed, and the society issues the NOC within the period the Government prescribes, refusing only for non-compliance with law, safety standards or the bye-laws; (c) the application gives parking details, charger specifications, load and supply source, cabling layout and a compliance undertaking (Form 28); (d) the member bears the whole cost — load augmentation, dedicated meter, cabling, equipment, civil work, maintenance, electricity and removal; (e) work only by a licensed electrical contractor; (f) no obstruction of common areas, fire exits or emergency access, and no harm to structure or common installations; (g) the society may inspect (Form 29 checklist) and require defects to be fixed, and (h) may disconnect by reasoned order if there is immediate danger or a material defect is not rectified; (j)-(k) the society is not liable for losses from a private charger except its own negligence, and the member indemnifies it; (l) the committee may not impose conditions more restrictive than the law or Government directions. Practical: the charger is best fed from the member's own flat meter or a new meter in his name from the distribution company, run through a route the society approves. A member without an allotted slot cannot claim one for charging; see parking entries and utilities_environment-012 for common chargers. Where a committee refuses without a valid reason, the member can approach the Registrar or the Co-operative Court under s.91.

Legal basis: dBL 83(a)-(l); Forms 28-29; MCS Act s.91

Last checked: 2026-09-30

Can the society set up common EV charging points for visitors and members without allotted parking, and charge for their use?

Yes. The draft 2026 bye-laws allow the society to set up common EV charging infrastructure and recover electricity, user and maintenance charges. A common installation on common property needs general-body approval of the location, cost and tariff, and must meet electrical and fire-safety standards.

dBL 83(i) lets the society establish common EV charging for members and recover electricity charges, user charges and maintenance charges in accordance with the Act, Rules, bye-laws and Government directions; dBL 183(b) lists EV charging infrastructure among systems the society may install on common areas, subject to general-body approval and safety conditions (dBL 183(c)-(d)), and dBL 169(b) encourages it. EV charging records are operational records kept for five years (dBL 138(e)). Steps: a load study by a licensed electrical contractor; a separate meter in the society's name for the chargers (distribution companies usually have a specific tariff for EV charging); a location that does not block driveways, fire-tender access or exits; fire extinguishers suitable for electrical fires nearby; and a general-body resolution fixing the user charge (per kWh or per hour) and how revenue is accounted. Collect through the app or the maintenance bill; separate the income in the accounts. If an outside operator runs the chargers, a written agreement should cover revenue share, liability, insurance and removal. Income from non-members may have GST and income-tax implications; see tax_gst entries.

Legal basis: dBL 83(i), 138(e), 169(b), 183(b)-(d)

Last checked: 2026-09-30

A tree in the compound is leaning dangerously, or blocks light. Can the society cut or prune it?

Not on its own say-so. In urban areas of Maharashtra, felling a tree needs the prior permission of the municipal Tree Authority or Tree Officer, usually with replacement planting; significant pruning may also need permission. The bye-laws forbid members from cutting trees in the compound. In an emergency, call the fire brigade or the municipal garden department.

The bye-laws: no member shall destroy, deface or cut down any trees in the society's compound, and a contravention may render him liable for action (BL 160); the draft 2026 bye-laws prohibit anyone from cutting, removing, damaging or destroying trees, plants or landscaping without permission of the competent authority, and allow the cost of any damage to be recovered from the person responsible (dBL 166(a)(ii), (b)); cutting trees is a Category II (serious) violation in the draft (dBL 177(x)). The law outside the bye-laws: the Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975 applies in municipal areas; it requires permission of the Tree Officer / Tree Authority before felling any tree, even on private land, usually on condition of compensatory planting, and makes unauthorised felling an offence. Apply to the municipal garden or tree department with photos, the reason (danger, disease, construction), and an arborist's or structural engineer's note where the tree endangers the building. Emergencies: if a tree or branch is about to fall on people, vehicles or the building (typical in the monsoon), call the fire brigade or disaster control; they can remove the immediate danger. Record the incident and inform the Tree Authority. Branches overhanging from a neighbouring plot are a matter for the neighbour and the Tree Authority.

Legal basis: BL 160; dBL 166(a)(ii), (b); 177(x); Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975

Last checked: 2026-09-23

Can the society levy a separate charge for green projects such as solar, composting or rainwater harvesting?

Yes, if the general body approves it. The 2026 Rules allow "any other charges approved by the general body" that do not contradict the Act and Rules, and a fund for a specific purpose collected equally from all members. Capital work above the committee's spending limit needs general-body sanction in any case.

Rule 106C-12(1)(m) permits any other charges approved by the general body, provided they do not contradict the Act and Rules; Rule 106C-11(9) lets the society establish additional funds for specific purposes with contributions collected equally from all members, subject to general-body approval, and the table in Rule 106C-12(4) shares "any other fund" and amenity charges equally. Alternatively, a green project that is a major repair or upgrade of the building can be financed from the major repair fund, collected by carpet area as the general body decides (Rule 106C-11(4); 106C-12(4) item 11(iii)). The draft bye-laws let the general body decide how energy generated and savings are allocated and costs recovered (dBL 183(d)). Good practice: a written project note with cost, savings estimate and payback; quotations; the resolution specifying the amount, the basis of sharing, the period and that the money is kept in a separate fund; and a report to the next AGM on spending. The committee's one-time repair spending limit (Rule 106C-13(5)(b)) does not cover projects beyond it. A member who thinks a levy is outside the Rules can raise it with the Registrar or the Co-operative Court under s.91.

Legal basis: Rule 106C-11(4), (9); 106C-12(1)(m), (4) item 11; 106C-13(5)(b); dBL 183(d)

Last checked: 2026-09-23

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