Construction of shed on building terrace and major lift repairs without society member consent
Jamadar
(Querist) 12 January 2015
This query is : Resolved
Dear Sir,
I live in a Co op society building in Panvel,Raigad,Maharashtra. The secretary of the society takes decision on his own inspite on opposition of flat owners. He does not discusses quotations nor takes monthly meetings and imposes fines and development charges on all. Many pay out of fear which has boosted his confidence. He has even constructed a permanent shed on Building Terrace without Municipal permission and has locked the access to terrace.
1. Can he build a permanent shed without municipal permission, if yes can he lock access to other members?
2. Can he start repair work for lift without discussing quotations with flat owners.
3. Can he deny signing and giving back receive copies.
4. He has kept position of Treasurer and Secretary to himself and does not Co-operate, what can be done?
ajay sethi
(Expert) 12 January 2015
1) no he cannot construct ant shed on terrace without muncipal permission
2) consent of MC is necessary for carrying out lift repairs
3) copies have to be given to members
4) call EGM for his removal as secretary .or members of MC can remove him by majority vote
Rajendra K Goyal
(Expert) 12 January 2015
can lodge complaint with the municipal Authorities against illegal construction.
Agree with the advise of expert ajay sethi.
T. Kalaiselvan, Advocate
(Expert) 16 January 2015
The alleged acts of the secretary are illegal. Necessary legal actions either through Meetings or by issuing notice or by lodging proper complaint with proper forums will bring relief and normalcy. Gather all the like minded co owners of the society and agitate against the secretary properly and effectively.
Dr J C Vashista
(Expert) 16 January 2015
1. The Secratry cannot function arbitrarily, he must have sought confidence and approval of MC, which is not in your knowledge.
2. As a member of society the MC through its secretary need no consent of individual member, which is to be placed in AGM.
3. The MC shall hardly proceed against the local laws, there is some misconception, misinformation with you, recheck with other MC member(s).
4. If still you feel strong against an individual (Secretary)or even entire MC you can bring a "No confidence" motion as per MCS Act/Rule and Bye-laws of your society.
5. Consult a local lawyer and proceed.
