Can society form a rule not to carry furniture & materials in the lift?
mahmood mithani
(Querist) 11 February 2017
This query is : Resolved
Our is a housing society - we have 2 wing - A & B , both wing terrace is not connected hence can not use the lift of other wing in case of emergency.There is one lift per wing. The building is a 7 storey building.Recently society passed a rule that a member cannot carry any materials require for the repair/ renovating his flat & also cannot carry his belongings like furniture, and household materials in case of shifting or in case of buying new one,we are forced to use staircase in case of buying of new furniture or buying of any materials.My question is this rules is justified? in the books of law? or we can challenge this rule as per the law
Rajendra K Goyal
(Expert) 12 February 2017
Society is liable to maintain the routine maintenance affairs of the society. It can frame rule beneficial to the members within the frame work of the bye laws of the society.
If the rule is beyond the scope of bylaws can challenge these.
There may be reason behind such rules the lift may be damaged due to use for carrying heavy material.
Kumar Doab
(Expert) 12 February 2017
Common facilities and maintained by common funds.
Look into society bye laws and relate with model bye laws.
Try in the next meeting if material as per load capacity can be allowed.
Try and affirm if damage is done the member concerned shall be footing the bill.
Even on it there might be difference of opinions.
Guest
(Expert) 12 February 2017
Normally, if luggage lift is not provided by the society, you cannot use passenger lift for carrying luggage. However, if the majority of members feel that the passenger lift may also be used for carrying luggage, they are at liberty in the absence of any such rule.
Society can make any rule for the benefit of the members in larger interests, provided the rule is framed by passing a resolution by majority vote of the members in the AGM.
Further, if the society has 7 storey flats and you are also a member of the society, you would be justified to float a resolution in the AGM to install a luggage lift also. If passed with majority vote the luggage lift can also be arranged by the society. But, the members should also be ready to bear with the expenses of the luggage lift in addition to othe maintenance charges, as no one else other than the members have to bear with additional expenses incurred on additional facilities,
