Can housing society charge rs .100/per day fine
praful
(Querist) 21 October 2015
This query is : Resolved
Dear Sir,
I'm residing in 1RK (7th floor Corner flat) in MHADA colony, Kandivli , Mumbai & have installed AC compressor on 2 brackets in grill outside the passage area ( Attached picture). In most of my nearby mhada buildings I have seen such kind of AC installation. There is no objection from my neighbour, no harm to building but our committee has issued a notice that " We have not taken permission from society and society don't allow anyone installing AC in grill outside the passage area, remove it within 7 days and place it in your window grill or Rs .100/- per day fine will be charged.
Please refer attached letter, wherein I have mentioned that I'm new owner here,I was not aware of the same, no one objected or given written information about rules and regulation of the society during the 3 months renovation/repair period. Removal of AC compressor will damage my wall as there is conciel wiring, I will suffer financial loss and asked them under which law/bye-law you are charging a fine of Rs. 100/- per day.
Even after follow-up they neither ready to give acknowledgement copy of my reply nor giving reply to my letter, Secretary said he can not sign n stamp my reply letter without chairman's signature and then he said committee not ready to give acknowledgement copy or reply. My family is very upset because of there such kind of behaviour of Managing committee and other committee members
Please let me know the following:-
1) Is there action is legal?
2) under which bye law they must have issued such notice & proposed a fine of Rs .100/- per day ?
3). Is society legally authorised to fine any amount? any limit?
4) Can Comitee modify minutes passed in AGM meeting for their ego?
5) Is Co-op housing society Comitee is above the Bye-law given by Maharashtra co-op society..
6) Can society pass any law as per their intention?
7) How can I save myself?
Your immediate reply/help will be highly appreciated.
Regards,
Praful
9167300056
R.K Nanda
(Expert) 21 October 2015
query too long.
praful
(Querist) 21 October 2015
Sir.
my queries are:-
1)can housing society charge a fine of Rs.100 per day just bcoz I installed AC compressor to my doorside wall, corner flat, no complain from my neighbours,
2) they are not ready to give acknowledgement nor replying to my letter submitted against their notice.
3) They are not telling me under which bye law the have issued notice and proposed Rs 100 per day fine.
What to do? How can I save myself from such penalty?
Regards,
PRAFUL
Hemant Agarwal
(Expert) 21 October 2015
1. A Society has NO authority /jurisdiction to lawfully levy "Fine /Penalty" to its members, even IF decided and approved in AGM meetings.
HERE you can safely IGNORE the Society's demand, SINCE lawfully they cannot do anything, except to harass (as usual in most societies).
2. HOWEVER, BMC can levy Fine /Penalty /Prosecution, for encroachment and causing risk to life & property. This is not adviseable, since the Fine can be upto 25000/- for each violation.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
praful
(Querist) 21 October 2015
But sir through the net i came to know that as per Maharashtra cooperative society bye laws. Society can fine upto 5000/- per year per incidence or 5 times of monthly maintenance or more than that if they are charging more to another member.
How can I take action against managing commitee for harrassment, misusing power and Rs.100/- fine per day. My family is in tense.
please advise.
praful
(Querist) 21 October 2015
But sir through the net i came to know that as per Maharashtra cooperative society bye laws. Society can fine upto 5000/- per year per incidence or 5 times of monthly maintenance or more than that if they are charging more to another member.
How can I take action against managing commitee for harrassment, misusing power and Rs.100/- fine per day. My family is in tense.
please advise.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
They generally do not show any rule.
what does your constitution say.
whether any resolution passe in GB/EC
Rajendra K Goyal
(Expert) 21 October 2015
Refer the copy of byelaws and AGM resolution. If society is not giving any acknowledgement, send one copy by registered post. You may consult local lawyer.
No attachment can be attached in this section.
Hemant Agarwal
(Expert) 21 October 2015
Kind Attention : Shri Praful
In lieu of your argumentative "BUT sir through the net .... "
Kindly RE-READ my earlier answer, this time real more S-L-O-W-L-Y.
Solutions to your Family's Tension is not available on the net, more so when you have yourself "illegally & unauthorisedly" encroached on "common space" that belongs to the Society.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Kumar Doab
(Expert) 22 October 2015
Mr. Hemant Aggrawal is precise in his posts.
praful
(Querist) 22 October 2015
Thanks Hemantji.
Please tell if below is called illegal encroachment.
1) Hanging cloths by managing commitee member outside common passage.
2) installing AC compressor by member outside passage area (corner flat).
3) parking cycles inside passage area.
Do a society member need to take permission for all the above cases?
Regards,
Praful
Hemant Agarwal
(Expert) 22 October 2015
BACK TO SQUARE-ONE :
CONCLUSION : Argumentative, deflective
1. Talk of yourself ONLY. What the world does is the world's look-out.
2. Who has done what violation, is the constitutional liability & lookout of the BMC and/or other statutory authorities.
3. Your wrong-doing will NOT be set-off, IF somebody else is doing wrong. IF you are aggrieved THEN you are entitled to make a complaint to the BMC /Police /other authorities.
4. IF somebody makes a BMC-complaint against your AC unit, THEN BMC will prosecute you and not the world and your arguments will be flushed down the sewage drain. SO FORGET IT.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
praful
(Querist) 22 October 2015
Agreed Hemantji,
Here in my society commitee says they dont allow AC installation outside passage, but they allow hanging cloths outside passage area. They allow cycle parking in common area. I wanted to understand what is real encroachment in above 3 cases.
They also said police, registrar. court
won't help you, few society members have already tried this earlier and removed there AC from outside passage area and placed in window.
2days back I sent Regd. AD but delivery message not received yet.
They are charging 100/- per day penalty.
Regards,
Praful
praful
(Querist) 23 October 2015
Sudhirji.
I didn't get you.
Can u pls elaborate.
Hemantji
plz comment sir.
Regards,
praful
praful
(Querist) 23 October 2015
Plz help me to find a way out of this.
praful
(Querist) 24 October 2015
Nobody to help?
praful
(Querist) 24 October 2015
Nobody to help?
