Water timing restrictions imposed by managing committee of co-op housing society
tushar deherkar
(Querist) 22 October 2014
This query is : Resolved
Sir/Madam,
We had a shortage of municipal water supply few years back because of which we had to restrict overhead water tank timings to 1 hour in morning and 30 minutes in the evening. Over the past 3-4 years, the situation has improved to an extent where we can now have running water from overhead tanks for 24 hours.
I have made multiple verbal requests to the managing committee but they keep giving reasons like water is sufficient, no one has a problem, this is a democracy, there will be wastage etc. When told that it is not the quantity of usage of the water but simply to increase the convenience to all members of the society that matters, they arrogantly tell me that you have to adjust with society timings. Most members are unaware that the society no longer faces a shortage.
I have observed the water levels for the past 2 months and have sent a detailed letter to the secretary to increase the water timings as per the availability. Can the secretary/managing committee ask for an AGM or voting for such a basic day to day matter? Also, in the past we have seen a decreased water bill even when the water timings were increased by half an hour... Are reasons like "people will waste water" etc. valid reasons to deny 24 hours water to the entire society?
V R SHROFF
(Expert) 22 October 2014
Majority decision is binding ; Issue Letter to MC , with sign of 80% members to Secretary, with copy to Asst. Registrar for Order.
tushar deherkar
(Querist) 22 October 2014
If I get majority members signature and say the majority approves to increase the number of overhead water tank supply hours from 1.5 hours to 5 hours per day. Will this decision be binding when municipality repairs are being carried out??? ...and during summer season i.e. 4 months when there could be a shortage again? Will the committee then have to take signatures of majority members to reduce water timings?
Can the committee not be flexible and proactive and decide the timings based on availability? e.g. 5 hours supply from September to February(6 months) and 3 hours supply from overhead tanks from March to August(6 months)... something like that...
Sudhir Kumar, Advocate
(Expert) 23 October 2014
unless all members come togather then the reason "people will waste water" etc. is more than sufficient reason to restrict flow of water.
Have you inquired how wastage is there and what solution you can propose to the society.
ajay sethi
(Expert) 23 October 2014
if the managing committee refuses to listen to reason requisition a extra ordinary Gneral meeting of members of society . have the said issue placed on agenda . let is be put to vote .
Members of MC are trustees for all members . they cannot function as per their whims and fancies . if there is sufficient water supply society should supply water for 24 hours
Sudhir Kumar, Advocate
(Expert) 23 October 2014
In know if in some society there may be person who waste water. Society has practically no effective remedy and members like you should suggest remedy as well.
Till such time such remedy comes in force the let the executive function the way it is.
Mr Ajay Sethi has already suggested to call AGM
T. Kalaiselvan, Advocate
(Expert) 23 October 2014
This is not at all a legal query that requires the experts opinion, this could e solved by discussing the same in the AGM of the association. This does not needs a law to enforce a situation that frequently changes, better discuss the issues among like minded people first and take up the issue in the AGM through a resolution.
