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Gautam More   09 September 2024

Use of residential society terrace for installation of solar panels for personal use

Hello ,

Our residetial society is in Maharashtra. One of our resident  install solar panels on terrace without asking approval. But now as she is lawyer after installation of Solar Panels she wrote a request letter to society to grant permission. But we denied it. As per her openion section 170 of Maharashtra Society act 1961 it allows her to installe solar panel on common area (Terrace)

Need suggetion how we can cope up this situation and compel her to remove the solar panels from terrace

 

Thanks,

Gautam



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     09 September 2024

Yes, a flat owner can potentially install solar panels on the terrace of a Residential Apartment Association (REA), but they would need to get approval from the other flat owners and the REA management first as it usually involves shared space on the rooftop, requiring a collective decision-making process to ensure fair distribution of benefits and costs. 

Your problem is that she didn't obtain permission before installation, however as per the law quoted by her, the society cannot refuse the same if it is not disturbing others.

1 Like

Gautam More   11 September 2024

Thank you for tour response Sir

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

You are welcome for your appreciations.

P. Venu (Advocate)     13 September 2024

Maharashtra Cooperatives provides for Section 1 to 168. There is no Section 170, as far as I could ascertain!

However, Bye Law 170 of Model Bye Law provides as follows:

Bye Law No 170. Temporary use of the Terrace/Open Space by any Member 

Notwithstanding the provisions under the bye-law no. 168, the Committee may allow temporary use of the terrace or available open space of the Society's building by any Member, on his written application, for any function, subject to such restrictions and on payment of such charges to the Society as the meeting of the General Body of the Society may decide. The committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the General Body Meeting any Member /Members want to install a solar energy water heating systems or solar energy electrical system, then space shall be made available to such Member/Members on the terrace as per availability.

The said systems may include

i Solar collector stand, hot water tank, cold water tank, stand for the tank and hot water pipeline etc,
ii Solar Panels, battery, inverter charging controller, cabling etc. for solar energy / electricity / photo voltaic devices / renewable energy devices If any application requesting to provide space for solar / renewable energy / energy efficiency devices is received, then it shall be binding on the Society to allocate space thereof as per the availability of the space in the Society’s premises.
1 Like

Gautam More   03 October 2024

Yes right it's not section it's bye law 170.

 

But the question is if someone installed solar panel without taking approval of society then is not it the violation of law?

Please suggest 

Thanks,

Gautam 


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