We all are living in a society but most of the peoples have no idea what they can do when their neighbour bangs his door shut loudly, plays loud music, dumps garbage from his balcony on the ground and worst of all. So if we want to free from all this inconvenience of our neighbour we have to know about our duties and rights as well. This article covers the general rights and duties of residents in a society in order to live peacefully and understand the basics of acceptable behavior.
Before starting the laws for society residents we must know the basic term Law and Society:
Law is the command of the Sovereign. Law must flow from a determinate person or group of persons with the threat of displeasure if it is not obeyed. As we know, Sovereignty is only part of the state So, it can say that Law is used to denote rules of conduct emanated from and enforced by the state. Now, what the term Society is: All community or a group of persons, living in any region, who are united by some common bond, is known as society.
Let’s take a look at Rights and Duties
- Every resident is obliged to be a member of the society association which is formed for the welfare of the people.
- A resident has the right to attend the general assembly meeting and discuss the subjects.
- A resident has the right to get a copy of the co-operative society act and the by- law.
- A resident has the right to use the common area as needed.
- A resident has the right to undivided interest of the common areas.
- A resident has the right to transfer/inherit the property.
- A resident has the right to know about the affairs of society.
- A resident has the right to get the list of members and managing committee.
- A resident has the right to get reports such as a balance sheet. profit and loss A/c. details of income and expenditure of the society.
- A resident should not be discriminated between the members.
- A resident should not be imposed with unlawful restrictions.
- A resident has the right to get attended or addressed about his complaints and grievances.
- A resident has the right to take a decision on the rate of contribution regarding the maintenance fee, maintenance, and repair fund and sinking fund, etc,
- A resident has the right to make a decision about the penalty to be charged on members, violating by-laws of the society, and determining its amount.
- A resident has the right to participate in all activities of the society.
- A resident has the right to attend and vote at a general body meeting.
- A resident has the right to acquire the share certificate.
- A resident has the right to seek information from society.
- A resident has the right to get the minutes of the meeting.
- A resident has the right to inspect documents, books, and records with prior notice to the management committee.
- A resident has the right to the occupation of flats.
- A resident has the right to complain at the registrar in case of improper functioning of a society.
- Maintain records and documents: Residents of the society are required to maintain and safeguard all the documents, agreements, share certificate, and other important documents that is executed between him and the society.
- Provide accurate information: At the time of application and registration to the Co-operative Housing Society, members are required to submit correct and verifiable information about themselves with valid documents. Identity fraud, omission of important information, and misinterpretation of facts are not permitted.
- Maintenance of residence: Members and residents are required to keep their flats and adjoining premises clean and habitable. Residents should maintain proper hygiene etiquette while using common areas, parking lots, etc., and should not throw garbage from their balconies and windows.
- Carry out repairs: If the Secretary recommends any repairs, renovations on the basis of their inspection, the residents should carry them out at their own expense with the help of an architect appointed by the society. If they fail to do so, the committee complies with them by giving notice to the member and recovering the outstanding amount from it.
- Storage of dangerous products: Without prior permission of the society, Residents should not stock any toxic or flammable goods which require a permit from a competent authority.
- Payment of dues: Members should regularly pay the maintenance fees and all other dues as required by the Society.
- Follow by-laws: Residents should be well aware of the rules of society and follow the provisions of the by-laws. It is highly recommended that members obtain a copy of the model by-laws from the secretary of the society.
- Do not conduct illegal activities: Residents should not use their homes or society premises/property to engage in any type of criminal and illegal activities. If found guilty, serious legal action/punishment can be imposed.
- Use of residence for personal business: If a resident wants to use his flat for business purposes like dance class, meditation class, dispensary, coaching class, baby nursery, beauty parlor, or any other enterprise, then they could so as per society bye-laws. However, any code of conduct created during the meeting of the General Assembly should be followed and members should ensure that no other resident is a victim of nuisance or trouble with their profession.
- Attend Meetings: The by-laws make it mandatory for members to attend at least one general meeting in five consequent years. But ideally, residents should regularly check the notice boards for meetings and participate in them for their own benefit. Members should also attend annual and special general assembly meetings to stay updated with the affairs of the society.
- Do not disturb: While using the playground, residents should follow the time schedule for use so that loud noises do not disturb other members.
Writer: Minali Gupta