Use of Common Terrace for personal solar water
Querist :
Anonymous
(Querist) 23 June 2010
This query is : Resolved
I want to know if individuals can install personal solar water heating systems on common terrace without having to pay any charge inspite of such a resolution passed in the AGM ? Some members say that as per a recent amendment to the model by-laws, society cannot charge members for installing personal solar systems on common terrace. Where can we get a copy of the model by-laws with the latest amendments ?
Adv.Aiyer VLV
(Expert) 23 June 2010
the place where the apartment is and what Act the association is formed, if at all it is formed does matter.
e.g. in bangalore Karnataka Apartment Owners Act applies, but you may form it without going under it thro Societies Registration Act.
Generally however,
any common area is meant for use of all together. when it is put to a mutual benefit association for common good, one has to be happy for permission to use it.
any apartment owner has to abide by resolutions of association to which he has submitted himself.
even in absence of any specific resolution, no individual joint owner will have specific usage right
so one has to abide by the majority
Querist :
Anonymous
(Querist) 24 June 2010
Thanks a lot for your reply. This issue pertains to Pune, Maharashtra. The affected members claim that in a recent amendment to the society by-laws, society cannot charge members for installing private solar water systems on common terrace. Can this be verified ? Rajeev
Adv.Aiyer VLV
(Expert) 24 June 2010
you are a society member and eligible for bylaw of society.
this will be with your society and not any statutory amendment. this is in-house matter
if they refuse to give, if they are registered with registrar of society or coop societies, you may applly there.
you can issue registered notice of the same.
regards
PS: you are welcome, thanking button will be in our profile page.
Querist :
Anonymous
(Querist) 25 June 2010
Thanks a lot. I am looking for a copy of the current model by-laws including all amendments. If such a provision is there in the model by-laws, then, we will adopt it in an AGM. But I do not seem to find the right place to get the model by-laws for Maharashtra, Pune.
