Every year state governments strip off select unfortunate societies of their legal status as co-operative housing societies, leaving them powerless to transfer shares, unprotected from legal protection over disputes, and deprived of using the word ‘society’ in any manner. Many members who are residents of deregistered societies have found themselves entangled in consequential backlash and have not been able to carry out any ownership transfer in addition to the problem of diminishing value of their residences because of the associated stigma of deregistration.

What causes de-registration?

The most common offence leading to deregistration is the failure to comply with bye-laws regarding maintenance and submission of mandatory financial audit reports. Many societies fail to abide by this. Either the managing committee does not have the time to follow yearly audit submissions or they simply lack the awareness or skills to do so.

Another reason for deregistration is when the society members are found to be involved in falsifying information on their registration submissions and engage in misrepresentation of any kind. Bombay High Court had ruled in 2018 that if some members are found to be erecting unauthorized construction in their own residences, it does not warrant a deregistration of the entire society, however other corrective measures may be taken as per society bye-laws against such members.

Once the Registrar passes the order, the society’s managing committee has no legal recognition and no respite if found under the law if there are any grievances or disputes within the members. They still continue to have the ownership of their residences, but other than that, any other transactions such as buying, selling, assigning additional nominees, etc come to a standstill.

The Maharashtra Co-operative Societies Act 1960 in section 21A states that – If the Registrar is satisfied that any society is registered on mis-representation made by applicants, or where the work of the society is completed or exhausted or the purposes for which the society has been registered are not served, he may, after giving an opportunity of being heard to the Chief Promoter, the committee and the members of the society, de-register the society.

What this means essentially is that the Registrar follows a due process before deregistering a society.

What is the process of deregistration?

• The registrar communicates to the society that it is found lacking in adherence and gives them a chance to present their case by offering an interim directive to them before taking a final decision of deregistration.
• If the Registrar doubts that its office has the correct addresses of every member or if the society is too large that reaching out to everyone is not practical, he gives out a public notice of the proceedings of the de-registration so that such a notice is considered as an official communication to the Chief Promoter and all members and no objection can be raised legally by the society on the grounds of ‘failure to communicate’ from the Registrar’s office.
• As a follow-up, the Registrar may appoint an Official Assignee to oversee the remaining procedure. The job of the Official Assignee is to acquire/realise the society’s assets and liquidate the liabilities. He does this within one year from the date that he is assigned the society’s books, records, property, assets, etc. The Registrar could extend this time-limit but it is not to exceed a period of three years.
• The Official Assignee is compensated for his services as prescribed by the Registrar but is not entitled to any allowance beyond the prescribed amount decided by the Registrar.
• The Registrar and Joint Registrar of Co-operative Societies and no other officer below these have the right to deregister any society.

Approximately only less than 10% of the total number of registered societies face such extreme measures from the government. But even so, there is a provision in the laws to counter such decisions and if the society finds substantial grounds to disagree with the Registrar, have the right to approach the court for further redressal. In some cases, the society has approached the court citing that the Registrar did not give them a legal notice for deregistration and therefore they were not allowed to be heard or present their case.

The law does give the following provisions in the Cooperative Societies Act

• The managing committee of the society is responsible for submitting audit reports as that is found to be the leading cause for cancellation. Other than that, any society registered under fraudulent documentation or misrepresentation is sooner or later bound to be deregistered when the Registrar suspects wrongdoing.
• No suspension or cancellation may be made by the Registrar until he has given the society a chance to be heard. The Registrar may even suspend registration in case of offences not too grave and even if no rectification has been observed by the society, the deregistration is considered final.
• The managing committee of the society is responsible for submitting audit reports as that is found to be the leading cause for cancellation. Other than that, any society registered under fraudulent documentation or misrepresentation is sooner or later bound to be deregistered when the Registrar suspects wrongdoing.

Homebuyers are increasingly showing interest in a digital upgrade. In fact, 2018 was a record year for the home automation industry, which showed a growth of 30% year on year. Developers, therefore, now commonly integrate their projects with smart solutions, such as home automation, smart security, and the like.

Mygate is a comprehensive platform that enables over 200 leading developers to deliver a safer and more convenient community living experience. Beyond security, it provides developers and resident welfare associations with powerful digital tools to manage visitor logs, staff attendance, payments, and society operations seamlessly. Its e-intercom feature replaces traditional systems at a minimal monthly cost, allowing developers to reduce expenses by up to 95 percent while streamlining daily community management.

What are customer expectations from technology in the real estate space?

Customers are, of course, very comfortable with technology today. Every day, they come across innovations that claim to make their lives easier in one way or the other and there is no shortage of options to choose from. However, they are not just looking to automate processes, but are keen to adopt user-friendly products that can give solutions at a single stop.

Did you believe that the gate was one such solution?

Yes, so we were always managing security operations manually. However, due to high attrition among guards, we weren’t able to get the desired results. Also, the probability of human error in manual entries and physical registers, was always high.

With Mygate, as residents directly approve or disapprove visitors, they are always aware of the visitors they are expecting. To a large extent, this prevents any strangers from visiting the house and it’s quite safe as well.

Our residents are adopting the app well and there is positive feedback around them feeling secure and in control of who knocks at their door.

How would you define your experience with the Mygate team so far?

One of our first projects, Radiance Mandarin, adopted Mygate a year ago, marking the beginning of our journey with the platform. Today, the app is installed across seven sites. Residents appreciate Mygate because it eliminates the need for manual registers and provides real-time access to data.

Currently, we use the Visitor and Helpdesk management features. However, we are receiving requests to implement the Community Management module to streamline bill payments and other community-related tasks through a single, integrated platform.

How has Mygate improved the way your communities operate?

The operation efficiency of our sites has certainly been enhanced. In early days, we weren’t sure if the idea would work well with the security guards as it requires a certain level of skills. But with exceptional onboarding support and regular training sessions, the guards are able to use the app efficiently.

They do not have to spend time calling residents for verification every time a visitor hits the gate. The app solves this problem. Overall, it is a very good innovation that helps to streamline visitor management at gated community.

In a rare but completely plausible scenario, your society and its members may feel that its current name does not really represent the essence of the residents’ collective spirit and may want to change it to something more in tandem with its motto and beliefs. Some societies also intend to change the name due to astrological or numerology beliefs, while some just intend to adopt a new name for a new beginning. Whatever your reason is, the government has provided you with an option to change the name of your society. But use it wisely, follow the guidelines and pick a name that resonates at all levels.

How do I change the name of my housing society?

There are no explicit guidelines in co-operative societies acts of states or bye-laws as such. But as a matter of fact, the Societies Registration Act 1860 lists a section titled – Societies enabled to alter, extend or abridge their purposes – which does list a series of small steps that co-operative societies can adhere to if they intend to change their name. Follow the steps listed below and you’re good to go.

• If the Managing Committee decides that a name change for the society is required, it may propose the idea to its members with appropriate reasons. A special body meeting should be held in which name change proposal of the society should the talking point.
• The members who are not likely to be present at the meeting should also be notified of such a resolution ten days prior to convening the special body meeting.
• One month after the initial meeting, a subsequent special body meeting should be held where (after reviewing opinions/objections (if any) from members, a final resolution is passed involving name change.
• The new name should be approved by 3/5th of the majority. Note that some states require 2/3rd or 3/4th of the majority. Delhi, Maharashtra, Gujarat, etc. need 3/5th majority. Unless the requirement of majority vote is met, no resolution is allowed to pass.
• A written notice is signed by the Secretary along with seven other members is to be executed and sent to the Registrar for sanction.
• If the Registrar approves the new name, the Society is required to send the original registration certificate to his office for incorporating the new name in the place of the old one in its records and the change of name is affected in the registration certificate as well. The new name is considered to be in effect from the date of registration.

The above mentioned procedure is a general one cited from the Societies Registration Act 1860. Different states may apply some minor differences, so be sure to check with the Registrar for any specific requirements.

Things to remember

• The new name of the society should be incorporated in the bye-laws and all other official documents, letterheads, etc. of the society.
• The new name should also be declared in the official government gazette so that it is publicly notified as well.
  The name change of the society is just that. It doesn’t change any obligations or liabilities the society has towards other entities, local authorities, service staff, members (living or deceased) or vendors. If the society is involved in any legal proceedings or cases, they have to be continued as before.
• There is zero to minimal cost in changing the name of your society.
• The new name cannot be identical to that of an already existing society in the area under the purview of your Registrar. If it is, the Registrar will not approve it.
• The new name of the society should not be misleading, negatively charged, and be in conflict with the motto or object of the society. It should not allude to or suggest racial, gender, caste or political discrimination in any manner so as to not offend or victimise any citizen.
• The new name should also not suggest or state explicitly that it is part of the government of India or any arm, department, wing or institute which is constituted by the government of India, thus not misleading the general public into thinking that it is under the patronage of the government. In other words, the name should not evoke conflict, negativity, prejudice or misrepresentation.

Before you go through the rigamarole of the legal procedure and brainstorm new names for your society, check with the register of societies to see if another society in your area already exists with the same name. This is to avoid the pitfall of disapproval from the Registrar. Generally, this is one of the simplest procedures to abide by in the legal maze of the constitution and should cause no heartburn if you follow the guidelines listed above, conjure an acceptable and maybe even an inspiring new name for your society.

Weekly markets within the compound, access to modern amenities, strong security systems, and tree-lined avenues make Bangalore’s BREN Unity in Marathalli a model gated community. Spread over five acres, it is home to around 432 families. Ensuring a convenient and secure community life is no small task. Behind it all, an 18-member management committee oversees operations to ensure residents’ satisfaction, supported by tools like Mygate to simplify security, visitor management, and community administration.

We sat down with Mukesh Kumar, an MC member at BREN Unity who has been managing its IT Infra for close to four years, to discuss his day as a committee member, recent changes introduced to the community, and the impact of Mygate on residents’ day-to-day lives.

How does your regular day look like as a committee member?

I work at Qualcomm, so I’m pretty busy all day. However, I am in constant touch with other MC members and our site managers. I also make myself available if any priority calls are to be taken during the weekdays. Otherwise, every evening I spend an hour visiting the maintenance office to check for issues, if any, or complaints highlighted during the day.

What is your most pressing challenge?

So, the major challenge that we have faced is thinking at scale. It’s not just about my family or the families of the committee members; rather, it’s a total of 432 families that we have to think of, at present. Therefore, whatever rules we set and decisions we make, we have to ensure that there is no negative impact on even a single resident.

What kind of issues are typically raised by residents?

Since I handle IT infra, the complaints that reach me are largely related to security concerns. For instance, I intervene if the network is down or if something goes wrong with physical security and the security footage needs to be monitored. All these complaints were raised through email previously, but we now have a ticketing system in place for efficient communication and resolution.

What innovations has the committee introduced in the community?
We observed that there weren’t any daily needs stores in close proximity and residents were facing challenges trying to arrange for items in times of emergency. Therefore, we worked with multiple small vendors to set up weekly market within the compound.

We also signed up with Bigbasket to install a kiosk for vegetables and other daily essentials. Also, as a common practice in Bangalore, we don’t see CCTVs or surveillance cameras in the basement areas of residential complexes. However, we have installed CCTVs in our parking areas and basement for security purposes.

In what ways is Mygate helping BREN Unity?

The system is helpful in multiple ways. To quote examples – earlier, it was a nightmare to monitor fake entries. We had to go through a bundle of books to see if the entry was done or not, if yes, was it done right. But now, everything is streamlined.

I can fetch reports any time. Like when one of our interim vendors exited, it was a cakewalk to glance through the reports and settle payments. Another helpful aspect is the househelp notifications. Whenever they enter or leave the complex, everyone is notified, which nullifies any chance of forged entry.

Visitor validation through e-Intercom is another valuable feature. Previously, for each visitor validation we had to call the resident and if they were unavailable, they used to pass a different number, We would be left wondering if that number was valid or not.

It was a crucial security risk. However, with Mygate, it’s actually sorted out, There are no long queues near the main gate for visitor validation as it all happens automatically and the system seamlessly takes care of it.

Which features do the residents find the most useful?

The residents particularly appreciate the Clubhouse feature, which keeps parents informed about when their children enter and exit the play area. This real-time visibility is currently the most valued feature, enhancing convenience and safety within the community.

How do you see the guards evolve in the past two and a half years?

We definitely had our own apprehensions around how will the guards operate the system and the difficulty levels that we might have to deal with. However, much to my surprise, they were quite comfortable with the use of smartphones.

Moreover, with untiring on-boarding support from Mygate, the guards were able to easily, and very quickly, adapt to the system. They are extremely happy as they can focus better on surveillance rather than maintaining physical entry books.

How would you summarise your Mygate experience?

Mygate has streamlined community management at BREN Unity, integrating security, billing, and amenities into a single platform. Residents and tenants benefit from real-time updates, seamless payments, and enhanced safety, making Mygate a critical all-in-one ERP solution for modern gated communities.

If you’re wondering what your options are to transfer your property to a family member or anyone else you see fit to inherit your residence? Fret not, there is a simple and clear procedure provided by your society’s model bye-laws that cover every probability and circumstance that may occur in your life.

What are the rules?

You should be able to transfer the membership to any person of your choosing, be it a family member or any other. However, if the society rules that you have not been compliant according to the bye-laws, it may raise an objection. You have to be regular in paying your dues and maintenance, and should not have been held in gross violation of its rules and are not facing expulsion due to disrepute or persistent nuisance to other members.

What is the procedure?

Any member desirous of transferring ownership of his residence should give a 15-day prior written notice to the society’s Secretary, stating his intention.

The Secretary puts forth this notice in the next committee meeting. Member’s eligibility to transfer shares is verified according to bye-laws.

Any decision (of approval or disapproval) has to be taken by the managing committee within 30 days and has to be communicated to the member within 8 days of taking the decision. However, under exceptional circumstances, the time period can be extended to no longer than three months. If within that time period, no communication is sent to the member by the society, the person to whom the ownership is being transferred is deemed as the member of the society in place of the original member.

A ‘No Objection’ Certificate is usually not needed from the society in this matter, but if the member has requested for an NOC, the society must provide it to him. A society should not have any objections if the member intends to transfer ownership to another, unless there has been a serious non-compliance of bye-laws by the owner. If it cannot provide the NOC, it has to inform the member of the reason in 15 days. The member can then appeal to the three other committee members or apply to the Registrar.

Documents required

• Prescribed form in the bye-laws that states the intention of transfer along with Share Certificate
• Application in the prescribed form for Membership of the proposed Transferee
• Member/Owner’s resignation in prescribed form
• Valid reason for transfer of membership
• Letter of consent from the person to whom membership is being transferred
• Registered agreed copy with paid stamp duty
• Payment of the transfer fee of Rs 500 by the member and Rs 100 admittance fee paid by the transferee
• Submission of NOC from a financing agency (if any)
• Premium amount of Rs 25,000 (being the maximum amount to be paid, however could be less depending on what is decided in the General Body Meeting. However, the premium does not apply if the ownership of residence is being transferred to an heir/family member or if the members have decided to exchange flats between each other.

Procedure to transfer membership upon the death of the member

Most members appoint nominees to whom the society transfers the shares/interest in case of death. The nominees are required to submit an application for membership within six months from the death of a Member.

If there are multiple nominees, they should decide whose name will be primary and the others become joint or associate members.
If there are multiple nominees and they wish to nominate only one among themselves as the owner, they should give the society an Indemnity Bond, securing it against legal liability for its actions. Such cases occur when one is a trustee and holds the property till all the heirs are brought on record.

As such, the society verifies the nomination form and executes the transfer according to the court probated will or civil court succession certificate. It is not the society’s responsibility to verify who the actual heir should be as long as the nomination is according to its bye-laws and legally accurate.

If the member has not provided a nomination for transfer of ownership, the society (at the expense to the member) within six months of the member’s death, issues a public notice inviting claims or objections to the proposed transfer of shares and interest of the deceased member. This notice is published in two local newspapers with a good circulation.

After receiving a response, the society decides who is the legal heir to be granted ownership after receiving an Indemnity Bond from them securing itself against claims made by any other. If the society cannot decide, it transfers the ownership after asking the claimants to produce a succession certificate from a competent court.

We’ve all come across that obnoxious neighbor who bangs his door shut loudly to jumpscare people three floors down, dumps banana peels straight from his balcony on to the ground, plays loud music when the world is slumbering peacefully, lets his unleashed pet out in the open to bark and claw at unsuspecting passers-by, and, worst of all, the repeat offender who blatantly flouts every rule just to be a rebel without a cause. In all fairness, we all have committed some form of misdemeanor much to the inconvenience of our neighbors, albeit not always intentionally. This article covers the fundamental duties of a housing society resident in order to keep our occasional gaffes under check and help us understand the basics of acceptable behavior. Let’s take a look.

Maintenance of residence

Members and residents are required to keep their flats/homes and nearby premises clean and habitable.The residents should also maintain proper cleanliness etiquette while using common areas, parking lot, etc. and not throw litter from their balconies and windows.

Permissible structural changes

If any alterations or additions are in order, the residents should first submit an application to the Secretary of the society, providing him with the specific details of the process and plan.

Payment of dues

Members must regularly pay the maintenance charges and all other dues necessitated by the society.

Attend meetings

Bye-laws mandate members to attend at least one general meeting in five consequent years. But ideally, the residents should regularly check the notice boards for meetings and attend them for their own benefit. Members should also participate in the annual and special general body meetings to stay updated with the affairs of the society.

Follow bye-laws

Residents should be well-aware of society’s rules and obey the provisions of the bye-laws.It is highly recommended that members obtain a copy of the model bye-laws from the Secretary of the society.

Allow inspections

The Secretary, after prior intimation to the member, inspects the flat/home to inspect its conditions and to ascertain if any repairs are needed. Members have to allow for such inspections at a mutually convenient time.

Carry out repairs

If the Secretary recommends any repairs, renovations based on his inspection, the residents should carry them out at their own expense with the help of society-appointed architect. If they fail to do so, the society carries them out after giving a notice to the member and recovers the dues from him.

Storage of dangerous/unauthorized products

Residents should not, without prior permission of the society, stock any toxic or combustible goods which requires a permit from a competent authority.

Not conduct unlawful/criminal activities

Residents must not use their homes or society premises/property to engage in criminal and illegal activities of any kind. Serious legal action/penalty could be imposed if the members are found guilty.

Respect neighbor’s privacy

Residents should not be found intervening in the private matters of their neighbors unless solicited for their counsel. Behavior such as snooping through their mail, spreading rumors and creating disharmonious scenarios is unacceptable.

Build good rapport

Residents should maintain good relationships among one another to prosper as a society collectively.This includes being neighborly, cooperative and helpful when situations demand.

Report wrongdoings

If however, as a resident of a society, you suspect any suspicious behavior, criminal leanings, misuse of residence, financial malfeasance or any other incident of misconduct that is in breach of society bye-laws, you should immediately bring it to the notice of the managing committee.

Not create nuisance

Residents should not hold loud parties at odd hours so that others are not inconvenienced. While using the playground, residents should follow the time schedule for usage so that loud noises do not disturb other members.

Pet etiquette

Members should not keep pets, including but not limited to birds, dogs, cats, reptiles, etc. without obtaining prior permission from the managing committee. The society, on the other hand, should make clear guidelines regarding keeping and maintaining pets as per provisions adopted in the model bye-laws or making a resolution in any general body meeting. Members are required to train their pets so that they do not cause harm or nuisance to other residents and also wash their pets regularly so that no foul smell emanates around common areas during play time or daily strolls.

Maintain records and documents

Residents are required to maintain and safeguard all documents, agreements, share certificate, and other paperwork that is executed between him and the society.

Using residence for personal business

If a resident intends to use his flat or home for the purpose of business such as a yoga/meditation class, dispensary, coaching class, baby nursery, beauty parlour, or any other venture, they could do so as per society bye-laws. However, any code of conduct made during general body meeting should be followed and members should ensure no other resident is subjected to nuisance or trouble by their profession.

Parking responsibilities

Parking areas allotted by the society are the member’s rightful slots outside of which they should not park their vehicles. Other vehicles such as bicycles, children’s scooters should also not be haphazardly parked within society premises or placed in common areas without prior permission.

Provide accurate information

At the time of application to co-operative housing society and at the time of registration, members are mandated to submit correct and verifiable information regarding themselves with legitimate documents. Fraud in identity, omission of vital information and misrepresentation of facts are not allowed.

There is always that small percentage of people who need to be explicitly told these commonplace rules that arise from common sense. Most of our good behavior instinctively stems from an empathic, understanding human nature, which is why we would not intend to do that unto others which we would not have done unto us. At the end, we must not only be familiar with our duties as a member of a society, but also abide by them for an ideal co-habitation in a gated community.