Society member legal aspect after society formation
suhas
(Querist) 27 April 2013
This query is : Resolved
Dear sir
I stay in the registered residential society in Pune /Maharashtra having 30 members.
Landlord owns 5 no.of flats in the society & did not sign on the society option. Now he is refusing himself as a society member as well as society maintenance contribution. He also refused to observe society bye laws ' rules & regulations. He has also obtained status quo from the court on conveyance deed.
1> As per society act does he become the member default?
2> Can our deemed conveyance go thru in the court in spite of status quo?
prabhakar singh
(Expert) 27 April 2013
1.No
2.You need order vacated.
3.For dues you can sue him.
Hemant Agarwal
(Expert) 27 April 2013
1. Flats held by the Land-Lord, will classify as "un-sold" flats. The Land-Lord can lawfully refuse to become a member for the flats held by him. This is however subject to the relevant clauses in the Development Agreement.
2. The provisions of the MCS Act, will NOT apply to the Land Lord, since it applies only to Society members.
3. Irrespective of the Land-Lord not being a member, he still has to pay the Society service and maintenance charges. BUT he will not be liable for prosecution under the MCS Act, BUT will be liable under the Civil Procedure Code for relevant legal action for recovery of the service and maintenance charges.
4. For Conveyance of the Plot of the Society building, relevant recourse & procedures like "deemed conveyance" is available in Maharashtra.
Keep Smiling .... Hemant Agarwal
suhas
(Querist) 29 April 2013
Thanks for valuable open ion.
Our real worry is landlord has rented.out his 4 no.of flats to different offices those are causing big nuisance to the society members.Being an independent member; society can take no action .He has obtained change of use from local authorities.
Where could we ask for action?
suhas
(Querist) 30 April 2013
Landlord himself does not stay in the society. It is heard that he owns many properties in the city & this is his regular business.
suhas
(Querist) 30 April 2013
Thanks for valuable open ions.
Our real worry begins now.Our landlord doesn't stay in the society & rented out his flats to different offices;causing big.nusiance & trouble to society members.Being an independent member society can take no action on him He has also obtained change of use from local authority. Where & what action can we ask for? It is heard that he owns many properties in the city & this is his regular business.
suhas
(Querist) 30 April 2013
Thanks for valuable open ions.
Our real worry begins now.Our landlord doesn't stay in the society & rented out his flats to different offices;causing big.nusiance & trouble to society members.Being an independent member society can take no action on him He has also obtained change of use from local authority. Where & what action can we ask for? It is heard that he owns many properties in the city & this is his regular business.
Khaleel Ahmed Mohammed
(Expert) 30 April 2013
If the apartment is constructed for the residential purpose , no body can establish commercial units inthe residential apartment. When the society is formed and got registered owners welfare association, all the flat owners and the builder who holds the flats are to be deemed as a member and liable to pay all the maintenance charges for common amenities provided by the association. If the builder refuse to pay the maintenance , the association can sue for the recovery of the maintenance from him in civil court.Further it is advised to file a complaint against the commercial establishment to your concerned Municipal authorities. If authorities failed to remove the commercial establishments , the owners association can file a writ of mandamus against the Municipal Authorities.
suhas
(Querist) 04 May 2013
Municipal authorities have sanctioned change of use so will they entertain us regarding this?
R.V.RAO
(Expert) 12 March 2014
if muncipality has changed the use,they will not interfere.
status quo order of court ,you need to get vacated as advised by sri prabhakarji.
if you have regd.society and byelaws.you need to implement byelaws .for eg..in some byelaws,they stipulate to stop water and electricity for non payment of maintenance.
do not think others will come and protect your residents.
protect yourself as per byelaws.
else amend byelaws.
in some resident welfare societies,they stipulate in bye laws,that it is the tenant who occupies the flat is the one who pays monthly maintenance being end user.not the absent owner. so you have recourse to the actual users.
