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V. VASUDEVAN (LEGAL COUNSEL)     18 April 2010

fencing of society's corridor - common space

In a Co-op Society, a Member ( Management Committee Member himself) has enclosed the corridor outside his Flat, citing that he is in the top floor - other flats are empty and hence it is for security. The enclose area includes the maintenance duct of electrical cables and a window of the corridor.

The MC passed a resolution when he was also present and consented to the resolution. However, for two years he was dodging and now flatly refusing to remove the encroachment. What it the remedy

- Obviously he can be removed from the MC-

- how does the society enforce the resolution against him - should it get a direction from the Registrar/Coop Court/the local municipal corporation OR it can directly remove the grill fencing.

Vasudevan

 



Learning

 1 Replies

Sur39 (Financial Controller (last designation))     19 January 2011

If ther MC,  has passed a Resolution to remove the fence, it can be removed  by the MC itself by giving him a a due Notice..If he creates a law and order situation, Police can be called in to help.


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