Space under staircase
Tipsy
(Querist) 08 October 2014
This query is : Resolved
Dear Sirs,
The builder has kept the open space below stair case under lock and key and prevented members from using it. “This is totally illegal , Since the space is covered from three sides, and ’ do form a part of the society’s ‘open space’ which should be made available to the society members.as per bye laws No 170.and 170a which states as under
“ We draw your attention to bye-law no. 170(a) – a new provision that says that if any society member is found to have encroached on common areas, or used the space for any purpose other than that for which it was allotted, “shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.”
Since the builder is not paying any separate property tax , the builder claim is null and void . “It is not an additional premises / area that he is authorised to sell either to any purchaser or to any outsider. It is a part and parcel of the society building and it cannot be a separate premises available for sale
Even thought the society members have given an undertaking giving up all rights on any open space while purchasing offices but still. It cannot be presumed that every office purchaser was in the know of the clauses of the model agreement and its binding nature.The builders tend to encash on this ignorance and seek all sorts of undertaking
I request all the members present to agree with this suggestion made and therefore Space under staircase should be made available to the society members
The above suggestions are written in true perspective and not to hurt feeling of any members, it is absolutely benefit for the Members.
Tipsy
(Querist) 08 October 2014
My question is
1.who has the right to use the space under stair case ?
2. The room is next to lift, can this room can have door with locks ?
Rajendra K Goyal
(Expert) 08 October 2014
After formation of society, the builder should have handed over the premises / common area to the society.
What steps the society has taken? Whether any AGM resolution accepted by members ? What was the attitude of builder.
Tipsy
(Querist) 09 October 2014
This is old bldg and builder himself has office in the bldg along with small space below staircase. The society has called EGM to discuss the issue and builder is using that space for last 40 years and does not want to give up
ajay sethi
(Expert) 09 October 2014
repeated query . you had raised this query earlier too if i am not mistaken
Tipsy
(Querist) 09 October 2014
Hello Ajaybhai
This is for the first time i have raised querry , if you feel like answering thats fine - No Pressure
What is the sense in repeating , it is society matter and not personal , we accept what you say sir
Thanks in advance
Guest
(Expert) 09 October 2014
Dear Author ,Ofcourse the Query is Not A Repeated One.For what purpose it had been used.If it is not for common purpose the Association could take over the same.
Tipsy
(Querist) 09 October 2014
Thanks all the lawyers for the answert
Guest
(Expert) 09 October 2014
Welcome Please
