Can association take actions against non-coperative member?
7866_mee
(Querist) 22 July 2015
This query is : Resolved
Hi ,
Greetings.
I am living in Alpine Park Apartment,Bangalore which is a registered association. We have association By-laws and code-of-conduct formed during 2006 period itself laying out rules and regulations to be followed by all members of the apartment.
A member of the aparment began changing floorplan layout in 2011 against the approved floorplan and has not got any permission from Association nor there is any record of the same with the Association. As a result, i , who is affected party has been complaining to Assocation and this non-coperative member to fix the problem . Neither of them were helpful and i had to speand 40k and tried desperatively to fix . But unfortunately still( 2015) it is an issue and not completely fixed. I need a solution for this problem and still he insist i pay for the fix which i have not created at all.
I am again approaching new Management Committee and hope to get justice. In that aspect , i want to know what rights and actions Association has that they can exercise against non-coperative member now so that i can appraise the new Managment committee regd the same and help them aware of their duties .
As per the by-laws of the Association, Any member of the aparment who modifies floorplan layout change (floorplan proposed and got approval by the builder at the time of building apartment) without written permission of Association is termed unauthorized construction and is liable for penalty/actions decided by Association /GBM as deemed necessary.
Sale deed clearly says that association has right to disrupt basic facilities like water and electricity of non-coperative member.
Clarifications sought:
1. Is Association within legal framework to do these? or is it against Indian penal code ??
2. What action can Association take if member does not agree/care less to MC or GBM decisions?
3. Latest i heard (not sure the validity of such a claim) that supreme court has passed judgement that even though Association or GBM decides unanimously to take action of non-coperative member , they have no right for this as it is against law and they will be put behind bars.... What sought of verdict is this ? is there any law at all ?
4. Does that mean Association by-laws are just for fools and anyone can do anything and care less for the by-laws ?
5. Can Assciation/GBM pass resolution to give notice to non-coperative member to throw him out of the apartment if he does not agrees to the terms in the event of clear case of violation as found in the by-laws ??
Please clarify these . Would be really helpful . i am desperate to find answers and what to know Association rights /actions that they can take against non-coperative member which is within legal framework not scrutinized by police if the event of non-coperative member deciding to file police complaint .
Please let me know if you need any more details and i will be more than happy to oblige.
Thanks and regards
Mohammed Uvais
Member, Alpine Park Apartment
Bangalore-68
Advocate Kappil Cchandna
(Expert) 22 July 2015
Mam,
Its unauthorized construction, you can seek the demolition of the same and you can register a complaint for nuisance for the same and also move an application for the compensation on the money spend by you.
Warm Regards
Kapil Chandna Advocate
9899011450
P. Venu
(Expert) 23 July 2015
The Society can seek and pursue legal remedies. But it cannot take Law in its hands.
7866_mee
(Querist) 23 July 2015
Thanks Mr.Venu and Mr.Kapil for the reply,
Mr.Kapil,
He is residing on flat which is above my flat. So, demolishing is not an option. yes, compensation can be imposed by the Management committee. But I know he will not agree.
Mr. Venu,
you say "Society can seek and pursue legal remedies". I am asking what legal remedies can committee take ? can they pass resolution to the flat owner to vacate if not following rules is what my question... if this cannot be done by committee , what legal remedies a committee has ?
Can you please let me know what actually management committee can do ? can they go to police station and submit resolution of GBM meeting where unanimously decision has taken that flat owner has to follow rules laid by MC or vacate the flat ? I mean .... what can committee do ? please suggest some legal remedies ....
Apologies for re-asking ...
Thanks and regards
Mohammed Uvais
7866_mee
(Querist) 23 July 2015
re-opening the discussions
T. Kalaiselvan, Advocate 
(Expert) 26 July 2015
The unauthorised structure raised deviating he main approved plan may attract action by the competent authority. If the society is not taking any proper action as per the provisions of bye law in this regard, you may write to the Municipal authorities about teh irregularities besides issuing a legal notice to the violator claiming compensation due to his unlawful activities which made you suffer loss.
7866_mee
(Querist) 27 July 2015
Hi Mr. Kalaiselvan,
Thanks for clearing.
So, now we all understand very specifically and clearly that society has to take proper action as per the provisions of bye-law. We all agree on this. Correct!!
Now, the question is "what can be the possible actions that can be taken by the society" ? Bye-law also says what commitee deems fit. but while writing bye-laws , it was not forseen that a member itself while violate the same laws. right?
Now, we are asking ourselves what can commitee do in this regard ?
possible suggessions:
1. cut electricity & water to the non-cooperate member (he says it is against HC or SC rule to do that )
2. pass resolution by GBM that either you fix the problem or vacate the apartment . (he will again come and say this is against HC or SC rule ) can he go to court slapping legal notice against the ruling ?
please let me know
What actually Karnataka HC or SC says in situation like this ? has these type of cases been there earlier where HC or SC has put verdict ?
Thanks and Regards
Mohammed Uvais
Guest
(Expert) 27 July 2015
Dear Mohammed Uvais,
In so long description, you have not mentioned, what formal action the managing committed has taken so far against the erring mmember, as per the provisions of the byelaws of the society.
Further, from the whole of your description, it is not understood, whether you have raised the queries for and on behalf of the managing committee or as individual aggrieved member, as almost all of your queries indicate, as if you want to know what action the MC should take or any action of the MC as per the byelaws would be valid or not? If asked on behalf of the MC, in whay capacity in the MC?
Thirdly, you have not made any mention what harm actually, the member done to your flat?
7866_mee
(Querist) 27 July 2015
Hi Mr. P.S. Dhingra,
Thanks for the reply. Please see my responses:
1. Till now earlier Managing commitee has not taken any firm action from 2011 when the problem first started. They tried to facilitate on some occasions, but the errant member never comes for the meeting or goes away from his word on the pretext that there is no law to penalize. so, every one thought this could be there in law and never dared to take action...
2. i am currently Treasurer and also member of the managing committee. So would like to know what actions can be taken. Every member of managing commitee agrees that actions should be taken but not knows what can be taken and what is permissible in court of law like cutting water/electricity till he complies or pass resolution to ask him to vacate if he does not comply and he has said there there is SC ruling which says "managing commitee has no right to take actions even if MC/GBM unaimously agrees to taken actions as it can lead MC being put behind bars"
i will not be influencing any decisions,but as a member of managing commitee would like to know what firm actions can be done when we all say actions can be taken..... need some examples of actions which can be taken and stays valid in the legal aspect...
3. After the layout floorplan change done by the member of the society, leakages had started from 2011 (immediately after completion of the change) and till date it has not completely fixed even though i has asked him to rectify . He simply said and continues to say "it is your problem, so you pay" .
At 2 occasions i paid from my side and desperately tried to fix but with little success and problem still exist. Earlier managing committee did not do anything concrete and could have done ... Enough is enough ...
Now, that i want to make sure every member of the society shows respect and obeys the bye-laws and to have managing commitee make strict decisions so that this type of things or other things do not happen.
But my question is... if managing commitee do come out with firm rules and actions , can they implement fully ? if so what can they really implement ? need some help with examples ... Are there any HC and SC orders which says "society association has no right to penalise any non-cooperative member even if he has violated by-laws clearly seen by bye-laws"
are bye-laws of society written only as part of booking process and any member of the society can do as he wants ??
Thanks and Regards
Mohammed Uvais
