Anyone Can Complaint Against A Wrong In A Society
Legally Speaking - Property and Housing Laws | By Solicitor Gajanan Khergamker
We have complained to the builder and he has sent them notices but nobody has responded to them. We have also formed a committee to take care of the maintenance of the building but the committee informs us that they cannot do anything legally as the society has not yet formed.
Kindly advice what we should do and inform us that whether committee has any legal rights even if society is not formed.
- M G Nayak, Koparkhairane
That members have been making alterations to their structures and enclosing balconies thereby creating extra FSI is a civic wrong which calls for action by the civic authorities. Now, whether your society is registered or not is a different issue. The committee formed to take care of the maintenance of the building can approach the civic authority of the zone and complain against the same in writing asking for action. If s/he does not cooperate pose pertinent queries regarding the same and apply under RTI.
Anyone has a right to complain against a civil wrong especially if it is likely to affect your own interests, which is, in this case, your very lives and property. Changing structures beyond what is there in the building plan (that should be available with the civic authorities) tantamount to a wrong and anyone can complain against a wrong. By law, s/he does not have to have any legal authority or backing to rectify a wrong.
No Provision In Bye-Laws For Fining
Member For Failing To Attend AGM
Can AGM/managing committee of Co-operative Housing Society penalise a society member by imposing a fine for not attending AGM / any meeting under the bye-laws?
- B.T.Batwal, Bhandup
There is no provision in the Model Bye-laws for fining members who fail to attend the Annual general body meeting or any other meeting of the society. Failure to attend a general body meeting only translates into an inability on the member’s part to voice his assent or dissent vis-Ã -vis any issue being decided at the forum. Once deprived of his right to do so, the member has to accept the decision of the majority present at the forum and go with it irrespective of his own views. However, the Model Bye-laws don’t provide for any fines for erring members who stand to lose a lot for failing to attend the meeting themselves.
No Non-Occupancy Charges For Blood Relatives
My wife and I bought a flat jointly bought a flat in Andheri. Both of us are members of the society as per the share certificate. Both of us were employed abroad and were not living in the flat.
While we were abroad, my wife allowed her blood brothers and sisters to live in the flat.-After some time, the society wrote to us abroad, that we have to pay non-occupancy charges for keeping tenants in the flat.
We wrote back saying that they were not tenants but blood siblings who were part of family and that no rent was being charged. Society said that there is no way to prove that but when we proved by sending marriage certificate and passport copies they said still we have to pay non-occupancy charges as we had not taken prior approval from them in writing or filling the society application.
When we objected and said that prior approval in writing is only for keeping tenants who are charged rent or caretaker but not family, they said since we were not in the flat along with those brothers and sisters and were residing abroad, we were supposed to take written permission. Then to avoid further dispute we paid the non-occupancy charges charges.
I would like to know whether the society was right in charging us non-occupancy charges even after knowing that they were family members and not rental tenants. And were we really supposed to obtain written permission in such a case?
- Ivan D’Souza, Andheri
By the rule, whether the new bye-laws are adopted by the society or not, non-occupancy charges of not more than 10 per cent of the service charges, excluding Property taxes, both in respect of residential as well as commercial premises, can be charged by the CHS.
However, the non-occupancy charges should not be more than one tenth of the service charges and if a member has given his property to relatives that could include mother, father, sister, brother, son, daughter, son-in-law, brother-in-law, sister-in-law, grand-son, grand-daughter and besides this other relative as decided by the society, then non-occupancy charges should not be charged, according to Bye-law No 43 (2) (c) of the Model Bye Laws.
The society has been wrong in charging you the non-occupancy charges and you were under no legal compulsion to take permission from the committee for allowing your brothers and sisters to reside in your own home.
With regard to any other issues that may arise about non-occupancy charges, you could approach the deputy registrar for redressal of the same.
This weekly legal column has been generated for The Draft News, Without Prejudice and In Good Faith. To book a Legal Consultation, Call 8080441593.
Follow @TheDraftWorld on Twitter
To receive regular updates and notifications, follow The Draft News:
