Practical guide to CHS bye-laws, membership, and maintenance rules in India. Learn calculation methods, complaint handling, parking rules & dispute resolution.
📌 Understanding Cooperative Housing Society (CHS) Rules – Practical Guide
👤 By CA Bhavesh Panpaliya
Q1: How are maintenance charges calculated?
🧾 Bye-law No. 67(a)(i)-(xvi):
👉 Service Charges: Equal for all members, flat size doesn’t matter.
👉 Repairs Fund: Per sq.ft., based on carpet area.
📌 Example: 1,000 sq.ft flat pays double repair fund vs. 500 sq.ft flat.
🚫 No hybrid (equal + area-based) method for same category.
Note: Size of the flat is under Court of law.
Q2: Multiple names on sale deed — who is the member?
➡ Only first name can be Primary Member (Appendix-2).
➡ Co-owners apply separately as Co-members (Appendix-5).
✅ All appear on share certificate, but only primary member votes.
📝 Tip: Submit proper co-membership forms for each co-owner.
Q3: Society ignores complaint — what to do?
1️⃣ Written complaint – Bye-law 172.
2️⃣ No reply in 15 days – Bye-law 173.
3️⃣ Escalate to Deputy Registrar – Bye-law 174(A)(xxii) with: Complaint copy & proof of no action.
🔍 Tip: Always keep acknowledgment/email proof.
Q4: Builder sold me parking space — share certificate possible?
🚫 No. Parking: No FSI use, not independently saleable. Even if in sale deed + stamp duty paid → Not a legal “sale.”
👉 No separate share certificate issued.
Q5: Why so many CHS conflicts?
⚠️ Reasons: Bye-law ignorance, committee power misuse, redevelopment disputes, parking/maintenance fights.
💡 Formula: Clarity + Compliance = Peaceful Living
Q7: Example of unresolved grievance?
📍 Smt. L.W. Jain (87+): Paid for flat in 1999-2000, possession denied >20 years, complaints ignored.
💔 Lesson: Awareness + early legal action = protection.
✨ Final Thought: CHS = shared responsibilities + legal framework + trust. Know your bye-laws for stress-free community living.
📞 CA Bhavesh Panpaliya | 📲 8888755557
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FAQs
Q: Can maintenance be partly equal and partly area-based?
A: No, must be one method per category.
Q: Can co-members vote?
A: Only if voting rights are assigned by primary member.
Q: Is parking a separate property?
A: No, it’s an amenity, not saleable independently.
Q: How to escalate CHS disputes?
A: Follow Bye-laws 172 → 173 → 174(A)(xxii).
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📧 Or email: bpanpaliya@gmail.com
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