NO Objection Certificates (NOCs) are required by members of Society for various purposes. NOCs may be required as and when a member is leasing the property or in case he/she is selling his/her property or at the time of taking loan from Banks or Financial institution on the mortgage of property etc. However, NOC is not mandatory as per the Society Bye laws, however if it us required by the member due to some reason or for Bank purpose, it is the part of duty of Office bearers to issue NOC without any extra charges for the same. The society has to provide all the administrative services to the members without charging any extra amount. However NOC from Society is not required for transfer unless specifically required by any Bank or financial institution for their own documentation purpose.

However, if there are any legal issues in the flat and  the society needs to take legal opinion before issuing NOC, such legal fees may be recovered by the society from such member but no fee can be charged  beyond that. 

In case the Society office bearers are not rendering routine administrative services like this, a member can take the following actions:

(a) You may file a complaint before the registrar and follow thereafter to conduct hearing by filing RTI applications demanding action taken report

(b) Get signature of 20% or more members to call a Special General body meeting to decide on this matter. If within 1 month of such requisition, no actions are taken, the registrar may be asked to depute his person to call the SGM and decide on the matter. 

(c) File case to set aside the resolution u/s 91 of the MCS Act 1960 before coop court

(d) File a case before consumer court for demanding exorbitant amount against the society.

Tags:Cooperative Housing Society, Housing Society Management, Apartment Administration Software