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Aarti Hiranandani (nil)     12 December 2011

Society charging me for pet dogs

I, Aarti Kishore Hiranandani, residing in Malad [East] seek your advice and require help regarding a society matter over my pet dogs.I have 2 pet dogs, one Eleven years old and the other is Nine years old. I have been living in this society since August, 1992 and own the said flat.

During a Managing Committee Meeting held in 2008, a resolution was mutually passed by the members of society; to charge the dog owners a fee of Rupees Hundred for one dog and rupees Two Hundred for the second dog per month [For me, sums up to rupees Three Hundred per month/ rupees Three Thousand and Six Hundred per annum] in the maintenance charges paid to the society.

The minutes of the Meeting state that the charges are implied on the basis of the pets being a nuisance to the society and its members. The further explanation to the aforesaid 'nuisance' was that pets consume excess water [for instance bathing] and litter in the building premises. As a matter of fact, my pets are paper-trained and are seldom walked in the society premises, leave alone soiling the building premises.

I would like to bring it up with the society that my pets are family to me and are considered the same by the law. I would request you to further guide me whether my society can charge me any such fee towards pets residing in my own flat.i have also found out that no other building in our area charges any flat owner extra maintainence for having pet dogs in their own flat.
Also, kindly advice what would be the procedure to deal with this matter further.



Learning

 1 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     12 December 2011

 

Aarti,

There is no such provision in Co-op Society Act or  Bye Laws to "charge" for Pets. 

So this act is ultra-vires. 

Animal Lovers of the world will comment on this act of society , that  discourage animal friendship . 

Basically the Society have no objection you keep as many dogs as you like, The Society wants to earn out of it. It is not a penalty to you. There is no justice in it. It is illegal, and can be challenged in Co-op Court, and also to  Registrar. { as any Resolution passed in AGM, the Registrar have no jurisdction, Only Co-op Court:* That is not the case here. }

Why  did you wait for 3 years? from 2008-2011_ Did you pay any amount till date?? You can ask refund. 

Adv Shroff

12-12-2011

 


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