7th May . 2025 ~ QMS
Nuisance Created by
Members in Maharashtra Housing Societies: How to Handle Them and Legal Remedies
Introduction
Living in a housing society in Maharashtra comes with the benefits of shared amenities, security, and community living. However, disputes and nuisance caused by certain members can disrupt harmony and create legal challenges.
Common issues include noise pollution, illegal construction, non-payment of dues, parking violations, and unruly behavior. This article explores how housing societies can manage such nuisances effectively, highlighting legal remedies available under the Maharashtra Cooperative Societies Act, 1960, and other applicable laws.
Common Types of Nuisance in Housing Societies
1. Noise Pollution
• Loud parties, construction work beyond permissible hours, and excessive use of speakers
• Violations of the Noise Pollution (Regulation and Control) Rules, 2000, and society bylaws
2. Unauthorized Construction & Alterations
• Illegal modifications to flats, balconies, or common areas without society approval
• Breaches of Municipal Corporation bylaws and internal society rules
3. Parking Disputes
• Unauthorized parking in others’ slots or blocking emergency exits
4. Non-Payment of Maintenance Dues
• Defaulting members impose financial strain on the society
5. Misuse of Common Areas
• Storing personal items in corridors, staircases, or terraces
6. Unruly Behavior & Harassment
• Verbal abuse, threats, or creating a hostile living environment
How Housing Societies Can Handle Nuisance
Members
1. Issuing Notices & Warnings
· The Managing Committee (MC) should first issue a formal written warning.
· If the behavior continues, a legal notice can be sent under Section 79 of the Maharashtra Cooperative Societies Act.
2. Imposing Penalties
· Societies can levy fines as per their bylaws for repeated violations.
· For non-payment of dues, interest and late fees can be imposed.
3. Restricting Amenities
· The society can suspend access to common facilities (gym, swimming pool, parking) for defaulters.
4. Mediation & Dispute Resolution
· Internal grievance redressal through dialogue and mediation.
· If unresolved, approach the Cooperative Housing Society Registrar or Maharashtra State Cooperative Court.
5. Legal Action & Police Complaint
• In severe cases (e.g., threats, violence, or illegal construction), an FIR can be filed under:
◦ Section 268 IPC (Public Nuisance)
◦ Section 504 (Intentional insult)
◦ Maharashtra Prevention of Defacement of Property Act
• For noise complaints, contact the local police or the Maharashtra Pollution Control Board (MPCB)
6. Expulsion of Members (Last Resort)
• Under Section 35 of the Maharashtra Cooperative Societies Act, a member may be expelled for serious misconduct
• This action requires a special resolution passed with a three-fourths majority in a general meeting
Legal Remedies Available
1. Complaint to Registrar of Cooperative Societies
· The Registrar can intervene and enforce society bylaw compliance
2. Filing a Case in Cooperative Court
· For financial disputes or governance issues, members/societies can approach the Cooperative Court.
3. Consumer Forum (For Deficiency in Services)
· If the society fails to act, affected members can approach the Maharashtra State Consumer Disputes Redressal Commission.
4. Civil Court Injunction
· For illegal constructions or persistent nuisance, a civil suit for injunction can be filed.
Preventive Measures for Housing Societies
1. Clear Bylaws & Enforcement –
Ensure society rules are well-defined and strictly followed.
2. Regular Meetings & Grievance Cells –
Address issues before they escalate.
3. Legal Awareness Workshops –
Educate members about their rights and responsibilities.
4. Surveillance & Security –
CCTV cameras can deter misconduct.
Conclusion
Nuisance created by members in Maharashtra housing societies can be tackled through a combination of notices, penalties, legal steps, and police involvement. The Maharashtra Cooperative Societies Act provides strong tools for resolving disputes, including fines, amenity restrictions, and even member expulsion where necessary.
By following due process and promoting transparency, societies can ensure peaceful coexistence and uphold community standards. For repeat offenders, legal routes such as Cooperative Courts, Consumer Forums, or Civil Courts offer structured remedies. Preventive practices, active communication, and strict enforcement of bylaws are key to minimizing conflict.
Disclaimer: This article is for informational purposes only. For legal
advice, consult a qualified advocate specializing in cooperative housing
society laws in Maharashtra.
For further information, please visit www.quasoc.in or write an email on info@quasoc.in.
