Harrasment by cooperative housng society committee members

If you don't pay this fine what will the do.

DK Sharma

sharmas.dk@gmail.com

1.  Under the new model bye-laws (i.e. if approved by the general body and registered by the deputy registrar of coop),  a maximum of 1000/- penalty may be imposed for  "violation of the bye-laws".

2.  " placing small flower pots in the building OR drying clothes outside the window "  IS NOT A VIOLATION OF THE BYE-LAWS,  hence any such penalty CANNOT be levied.

3.  Make a written protest to the mg.committee of the society, for reversal of any penalty levied on the above clause (point no. 2 above)

4.  If the mg.committee fails to do so, then appeal before the deputy registrar, who will certainly strike-down the levy of penalty by the society.

Keep Smiling .... Hemant Agarwal

Placing flower pot or drying cloths inside the members own premises (his flat) cannot be objected to. But if it is done in the common premises it amounts to encroachment, though the Model byelaws are silent on encroachments.

Only the general body can impose a penalty  and that too only after giving the member an opportunity to explain his action before it. In any case the penalty cannot exceed Rs.1000/- The byelaws are also silent on breach of the byelaws of a continuing nature. For instance suppose you pay the penalty but do not remove the flower pot, what can the Society do?

In some of the posh Societies in South Mumbai, there is a ban on hanging cloths for drying even in one's own balcony, as it gives an unsightly appearance to the building from outside. There are such laws in some Western Countries also.

Dr Ramani,

Fail to understand your statement of encroachment. 

Does it mean that the premises outside your door doesn't belong to you? In such case does the comittee own the common premises? Does the comittee own the floor, window sil and other carpet areas and can impose rules for the same? This is ridiculous.

Regards

Maitreyee

Hemant - The registrar has sent a letter stating that the committee is misusing the power they have and that the penalty imposed is illegal. The registrar hass also talked about appointing an administrator in the building.

The registrar has also called them for an explanation for the number of allegations against them.

The comittee has instigated the women in the building scaring them on the consequences of the administrator coming in and have taken a signature campaign for supporting how good the society is.

What implication would this have? There is a meeting on 16th with the registrar.

1.  IF the registrar has given show-cause notice to the MC, THEN it means there is substance in the complaint and that the CHS MC is violating the MCS Act, Rules & Bye-Laws.

2.  Let the MC file its reply. In all probabilities, the registrar will appoint an Govt.Administrator who would take over the controls of the CHS for approx. 6 months.  The appointment of an Administrator, serves as a interim check-mate to the nefarious attitude's of many CHS's.  On the contrary, the CHS is run more efficiently and in a disciplined manner by the Govt. Administrator, who does not have the attitude of behaving like the Land-Lord of the CHS, like how the MC's do when the MC's sit on the MC seat.  Welcome the Administrator.

3.  IF you are looking at legal options, THEN you may persue with the Registrar, after the MC has filed its replies, by filing in an intervenor application into the matter and submitting relevant documentary evidences to the registrar.  Mass signatures campaigns are the chronic habit's of such nefarious MC's and have little or no value in court, unless accompanied by individual affadavits or individual statements recorded before the judge.

4.  You also have an option of approaching the Consumer Courts, depending on the factors of your grievances.  You have have options of file private complaints against the MC's in Criminal courts.  All these options need lots of Time, Energy & Money.

Keep Smiling .... Hemant Agarwal

In a building organized as a co-operative housing society, for a member owning a flat the area within the external walls of the flat belongs to him. All the other areas outside of all the flats in the building such as compound, staircases lift and lift well; passages, terrace etc. collectively referred to as “common areas” belong to the Society. If you have the unquestioned right to use those areas, then other members can also make such claim and there will be confusion and conflict.

Managing Committee is not the Society.  But a duly elected Managing Committee is vested with powers listed or specified in the bye-laws, Co-operative Societies Act and the Rules. If a particular member wants to use any part of the common areas for any purpose, the permission of the Managing Committee is necessary. In the first place you should apply in writing to the Managing Committee for permission.  If the Managing Committee does not want to give permission, it should give in writing the reasons there for.  The aggrieved member can then complain to the Registrar. The complaint can be informal on plain paper or formal in Form P. The Registrar should call for details from both sides, and/or call them to his office to explain each side’s case and then give his decision.

The Registrar can remove the Committee, elect another Committee under his supervision or appoint an Administrator under section 78 of the Act. But the conditions to make the Registrar to Act under Section 78 have to be very serious. He won’t do that just because they imposed a penalty on you, which they had no power to do. He will just ask them not to impose the penalty. If the Managing Committee does not obey the order of the Registrar and does not go on appeal to the co-operative court within the stipulated time, it will become another case of contempt.

I suspect that you are not disclosing the whole truth. What are the “other allegations” against the Committee?  It may be that the Registrar has sent his notice on the basis of the other allegations. It is true that your entire Society will be in real trouble if an administrator is appointed. But before appointing an administrator the Registrar must explore the possibility of electing another Managing Committee. If your Managing Committee members are scoundrels as you say, the Registrar and the Administrators are no angels either. The Administrator will collect his remuneration from you and you cannot question him the way you question a Managing Committee.

If a majority of the members are not satisfied with the MC, they can bring a no-confidence motion against them at a requisitioned EGM, instead of going to the Registrar.

If you give more information I can suggest what to do.

The whole problem started with two things. One is the shed erected by the first floor members over the verandah which is creating a problem for the second floor residents as there is a lot of dirt which gets accumulated on the top of it. Without the shed teh first floor residents face the same. Second wass the special AGM which the comittee members had in which they passed all sorts of rules like No placing of flower pots in the window sil just outside the front door, hanging clothes in the balcony, keeping shoe racks and bicycles in the flat entrance etc. Also it was mentioned that a penalty of Rs 5000 will be fined if the area is not cleared by Jan 31st. While i did not understand the law, the amount seemed to be exorbitant for the reason for which it was being charged.

I felt it was a display of power by the comittee and placing of a small pot which is 0.5" x 0.5" should cause no harm to anyone. Also the plat beautifies my entrance. The comittee members did an inspection @ 10 m in the night and literally summoned to remove the pots (2 nos) on 15th feb. A week later there was a call from society office done by the office staff in a very rude manner.

We both are working and my husband suggested removal of pots as we did not want any friction and neither had any time for fighting it out.

The maintenance bill for Feb by then was sent for the routine amount. The same day a revised bill was sent with a Rs 5000 fine with interest of Rs 88 . I refused to accept the revised bill and sent it back to the office. The comittee then sent a registered AD which again was returned by self witha coverig letteer refusing to accept the charges.

The comittee then displayed their letter publicly in all the lifts and other places maligning us . In principle if the penalty imposed is illegal, who gives them the right to defame anyone?

The first floor members in the meanwhile had approached the registrar ass they too were fined the same amount for the shed. The comitte members themseves are nvolved in a lot of misdeeds (heard) wherein the papers are not in place, cash amounting to Rs 10,000 is being withdrawn every month, huge infrastructural changes have been done by the comitte members in their flats, additional parkings have been created and the same have been given to the comittee members themselves etc.

While we were not aware of this the first floor members have discovered a number of such misdeeds of the comitte members. 

My primary concern is that while the comittee is spending money on beautification of the building, placing big pots all over the premises and a whole lot of things ass per their wish, dont I as a resident have the right to decorate my entrace with two small pots (those too are placed on the window sil causing no obstruction to anyone)? Is the comittee owner of the premises? While they are there to manage and administer, they dont own the corridors and misuse their power.

Hope i have been clear on the case. I can call you if you share your contact number to discuss.

Truly said. 

Only thing is that the general perception is that the administrator experience is a nightmare. Have not come across any society where such thing hass happened.

In casse administrator coms in and want to take a reelection, will the same comittee members be allowed to contest?

I am giving below bye-law No.166 of the Model bye-laws:

166. The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the Society. The Secretary of the society under instructions from the Committee shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the member persists in continuing the breach/breaches, the Committee shall give notice to the member to show cause as to why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society.

The bye-law number may be different in different bye-laws, but the wording will be more or less the same.

As you may see the Managing Committee has followed the law in spirit though not in  letter. You say the decisions for imposing penalty were taken at a general meeting and not by the MC on its own. Who is the member of the Society, you or your husband? Did one of you attend the meeting? If so were the resolutions really passed either by voice vote or by counting of raised hands? An extra ordinary general meeting called by the MC requires 3 clear days’ notice. Was the notice given? Did the Agenda mention the levy of penalties? If the answer to any of the last 2 questions is “no” then the resolutions are not valid.

I hope now you have understood the meaning of the word encroachment. As regards whether your keeping 2 flower pots outside your door is an encroachment, is a subjective matter. If passers by your door are likely to stumble upon it, it is certainly objectionable. If it is not so outside your flat, but it can be so in front of another flat, then also it should be avoided. When we share things we have to adjust. Have you now removed the pots? 0.5” x 0.5” is too small. I think there is a mistake. Keeping shoe-racks and bicycles in the passages and construction of sheds in the balcony are really objectionable. I have no physical idea of the shed in veranda and hence my comments can be wrong.

What you mean by veranda for the first floor and erection of shed over it? Do you mean an open balcony and weather roof, chhajja or awning over it?  Anyway erection of what you call shed amounts to “addition and alteration” and it requires first the permission of the Managing Committee and then of the Municipality. Evidently these were not availed and it is a serious breach of law. Also as there is a conflict of interest between the first floor and the second floor, an amicable solution should have been arrived at by discussion at a general meeting. Until then nothing should have been done by the first-floor people.

It could be that various complaints by the first floor members are motivated and not true. At least some of the alleged misdemeanors like “creating parking” could be easily verified by you.

As for financial mis-management you can carefully read the audit report. You can also ask for accounts records. For instance whether they are withdrawing Rs.10000/- can be ascertained from bank pass-book. You can also check the monthly cash expenditure. Are your accounts computerized or are manual?

As regards additions and alterations inside MC members’ flats you can complain to the Municipality. If the Municipality doesn’t take action in reasonable time, you can ask them what action they took on your complaint under RTI Act.

If the Registrar feels that the complaints against the MC are justified he will dissolve the Committee and elect a new Committee. Members of the dissolved Committee will not be eligible to be elected to the new Committee

How many members are there in your Society? How many members are required for the Managing Committee? Are elections held every 3 years?  Are elections keenly contested?

A fine of Rs.5000/- is certainly exorbitant.  You need not pay. But carefully preserve the bills and record of payments made by you.

To answer your queries,

1. The flat is jointly wned by my husband and me.

2. We could not attend teh SGM as we had a pooja at home the same day

3. No clue on how the resolutions were passed

4. The agenda did not mention the levy of penalties but the Minutes circulated did.

5. Flower pots are 0.5 ft in size. I have planted money plants in the same. We have an open window on the right hand side wall just oitside the entry door. It is a 4 ft  x 4 ft hole. The pots were placed on the sil on both sides of the open space. Since the hole is at a 4 ft height from the ground, it is impossible that anyone would stumble on that. Also my neighbour had no issue with that.

6. The verandah of first floor means the slab extended at the entrance and the space the first floor residents hve got because of that. As a lot of people throw dirt from the top, it is a nuisancee for the first floor members. SInce they have erected permanent sheds, the dirt now gets accumulated on teh roof which is now a nuisance to the second floor. Also there are a lot of pigeons and hence pigeon sh*t all around which also is responsible for the stink.

The issue i am facing is minor as compared to that of the first floor. However the attitude of the comittee members is what is disturbing me. It is clearly the display of poweer that is at action. I am hence confused with how to deal with this situation. Also given the fact that both of us are working, we really do not have the amount of time to fight with these people.

Tell the office bearers  of the society in strict terms that you will not pay this fine.They have no authority to impose such fines.You can take the matter to the registrar of the socities, if  it is a registered housing society.

DK Sharma