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Seejo Joy   19 November 2022

Grills beyond building/flat elevation

Ours is a 13 year old building with society formed since 2010 or 2011. Building is underdoing first major repair/painting currently (May/June 2022 onwards).

In mid 2021,society(MC) has framed new guidelines wherein extension of grills beyond building elevation isn't allowed. This has been passed in the AGM held in 2021 as well as 2022 without understanding the facts.

List of defaulters where published in 2021 post 1st AGM and nearly 50+ members have signed the memorandum opposing the same.

Existing members who have installed grills beyond elevation ( irrespective of depth 6", 12",etc) have opposed the move and proposed new guidelines should be applicable for prospective flats and impacted flats should be excluded as erstwhile MC/society members should have raised concerns during installation/within a specific period.

Reason for extension : AC outdoor unit , plants, drying clothes, storage, window cleaning

Few members have informed past MC( prior to mid 2021) and MC recommendations if any were followed.

A subcommittee was formed prior to 2022 AGM but no formal discussions happened/recommendations shared with MC.

Guidelines were passed in haste without proper debate in 2021 as well as 2022 AGM.

As MC couldn't find a solution they referred matter to a lawyer wherein we have received a communication to correct the same within 30 days( so that painting isn't impacted) based on AGM recommendation. Data presented to lawyer/MoM isn't shared.

Is it logical to come-up with guidelines after 10+ years and expect changes retrospectively? New installations are within proposed guidelines.

Can you please suggest if the impacted flats are at fault and how this can/should be resolved amicably?

 



Learning

 1 Replies

S. Gupta (Legal Scholar)     23 December 2024

It seems like a challenging situation. Here are some steps you can take to resolve it amicably:

1. **Request a Meeting**: Ask the Management Committee (MC) to hold a special meeting to discuss the issue in detail. Ensure that all impacted members are present to voice their concerns.

2. **Form a Subcommittee**: Propose forming a subcommittee with representatives from both sides to review the guidelines and come up with a fair solution.

3. **Legal Consultation**: Seek legal advice to understand the implications of the new guidelines and whether they can be applied retrospectively.

4. **Mediation**: Consider mediation to find a middle ground that satisfies both the MC and the impacted members.

5. **Documentation**: Ensure all communications and decisions are documented to maintain transparency.

By taking these steps, you can work towards a fair and amicable resolution. Consulting a legal expert for personalized advice is also recommended.


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