Law is not just for filing complaints. It is the foundation for living with dignity.
❝ When society committee members act on their own whims, the law is ignored and the rights of citizens are placed at risk ❞ Across Maharashtra, many cooperative housing societies are being run in ways that neglect laws, rules, and statutory responsibilities. Some committees take decisions without the consent of members, transparency is deliberately avoided, and ignorance of legal enforcement is openly visible. All cooperative housing societies fall within the framework of the following laws:
MahaRERA Act, 2016 – Rules and Misconduct Oversight
For registration, redevelopment, and transparent transactions, agents are required to obtain a registered proficiency certificate under MahaRERA. Conducting any dealings or mediation without such certification is unlawful. Yet, many brokers, agents, and even representatives of societies operate without such registration. In such cases, they become unauthorized intermediaries under prevailing law. In several instances, members are charged unlawful extra fees in rental processes, especially for police verification. Legally, this responsibility belongs only to the landlord or the tenant. The process is often wrongly referred to as “Police NOC.” The police department has already clarified that this terminology is incorrect. Officially, it is called Tenant Information Verification, and it is the landlord alone who must complete it. Any third party who claims this process under their own name and collects fees for it is engaging in improper financial interference and administrative misuse.
Defective Property Leases – MOFA and Consumer Protection Law
Leasing premises without disclosing existing problems, and later forcing the tenant to spend their own money to make the space habitable, amounts to violation of MOFA and fraud under consumer law.
Harassment of Tenants by Neighbour Lobbying – Criminal Law (Sections 14, 15, 21)
Belittling, harassing, or collectively opposing a resident is both unconstitutional and a legal violation.
Name in Agreement versus Actual Occupant – MOFA and Rent Control Act
If the person signing the agreement is different from the person actually occupying the property, the process becomes non-transparent and defective under MOFA and the Maharashtra Rent Control Act.
Maharashtra Cooperative Societies Act, 1960
The fundamental act governing the structure, operation, and duties of society committees.
Maharashtra Ownership Flats Act (MOFA), 1963
The act that safeguards the rights of buyers, mandates documentation of transactions, and enforces transparency in projects.
M-20 Bond
A binding document that fixes personal liability on office bearers when they fail to comply with the law.
District Deputy Registrar and Cooperative Registrar
The controlling authority that examines complaints and delivers administrative rulings.
Breach of Constitutional Rights – Legal Study Required
Article 14 – Right to Equality Article 15 – Protection against discrimination on grounds of caste, religion, sex, or community Article 19(1)(a) – Freedom of Expression Article 19(1)(d) – Right to move freely within the country Article 21 – Right to Life and Personal Liberty Article 51A(g) – Fundamental duty to show compassion towards all living beings
Rajesh D. Jalgaonkar - Regulatory Law Practitioner
Rajesh D. Jalgaonkar (RLP) is a scholar of cooperative law, civic codes, and government legislation. He has studied in depth the Indian Constitution, the Maharashtra Cooperative Societies Act, property and redevelopment laws, the Municipal Corporation Act, the Maharashtra Police Act, as well as the new BNS (Bharatiya Nyaya Sanhita) and BNSS (Bharatiya Nagarik Suraksha Sanhita Through years of examining real complaints, analyzing government circulars, and compiling handwritten law records, he has built a structured and reliable system of legal guidance. His work is based on the professional concept of “Constitutional Rights → Statutory Laws → Rules → Compliance → Justice.”