Illegal construction before establishment of housing society
Raj Wadkar
(Querist) 21 August 2022
This query is : Resolved
A guy bought a flat in our building and he says the builder gave him the permission to create an extra room to store goods or for other purposes by extending his balcony above. However, the society was not established back then. Members of the building have complained that it is against the law to make changes to the outer part of the building because it may damage the structural integrity of the building. Then when the society was established and they asked the builder, he says he never asked him to do anything of that sorts and even went on to say that he hasn't given anything to him in written format. Since this construction was done before the establishment of the society, is it possible to demolish the extra construction by the society?
Second issue is that there was no paid parking and was commonly free for all until now in the building and now the society has decided to start paid parking as per the number of vehicles (30rs for scooter, 50rs for auto, 100rs for cars). However, if only one or few members of the society committee is against this decision. Can it make any impact or does he have to pay the parking amount anyway? Can any argument be made about the pending jobs (conveyance deed, no action on upper illegal construction, improper sewage, etc) of society that have not been done to oppose or postpone the paid parking until the completion of the previous jobs?
kavksatyanarayana
(Expert) 24 August 2022
Complain to the Dy. Registrar of cooperative housing societies of your district and RERA if you have any problems.
