Home & land › Housing society or RWA dispute
Builder still running the society after handover
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- What kind of body runs your building? Still with the builder
Where you stand
- Next step If the builder has not handed over to an association, RERA may be able to order it.
Papers to gather
- Sale deed / allotment letter and share certificate
Membership is the basis of every claim. Where: Your property file. - Society bye-laws and any registration certificate
Most disputes turn on what the bye-laws allow. Where: Society office; Registrar’s office. - Your letters/emails to the committee and their replies
Required before going to the Registrar. Where: Your email.
You may also need, depending on your answers
- Maintenance bills, receipts and the general body resolution fixing charges — Charges must be approved and reasonable.
- Your NOC or transfer application and any refusal — Shows unreasonable refusal.
- Parking allotment letter, sale deed clause, or committee decision — Parking disputes turn on allotment records.
- Photos of damage, leakage or the disputed area — Supports repair or use complaints.
- Minutes of meetings, audit reports and election notices — Needed to challenge committee actions.
- Write to the committee and ask for a reply within 15 days — Most authorities expect this step.
What the law says
Co-operative housing societies are governed by your state’s Co-operative Societies Act and the society’s bye-laws; disputes go to the Registrar or a Co-operative Court. Apartment owners’ associations are governed by state apartment ownership laws. A society cannot refuse a sale NOC or charge transfer fees beyond what the bye-laws and state rules allow. Where you pay for services, a Consumer Commission may also hear the complaint.
General information, not legal advice.
Saboot will also ask
- What is the dispute about?
- Are you the flat owner?
- Did you raise it in writing with the committee?
Similar situations
- Society charging high maintenance or penalties
- Society won’t give NOC to sell my flat
- Parking dispute in the society
- Society not repairing leaks or lifts
- Society committee hiding accounts
- Society discriminating against tenants or bachelors
- Society not transferring the flat to legal heirs
Sources
- Ministry of Cooperation — state co-operative laws
- RERA — Ministry of Housing and Urban Affairs
- NALSA — free legal aid
The full guide: Housing society or RWA dispute — maintenance charges, NOC, parking, repairs or elections · All situations