Cooperative society open terrace use / access

Tushar Zaveri (Querist) 25 April 2015 This query is : Resolved
Our secreatry is denying access to the terrace of our building for foodgrains , Pickles , etc drying in the sun & also not allowing to use the terrace for yoga & other excercizes to be performed under the sun as advised by my doctor.Please help / clarify the matter for terrace usage ours is a four storey building with 24 hrs security gaurd & CCTV camera.Please Help

Tushar Zaveri Res 022-26143117 / 9869033782

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P. Venu (Expert) 26 April 2015
The Secretary has no powers; he is only entrusted with certain functions. The terrace is the joint property and access cannot be denied to any of the occupants.

Kishor Mehta (Expert) 26 April 2015
Sir,

Section 168(a) of Model Bye-Laws of CHS states that "All open/common area are meant for use of the members..."

Only the General body of the society can curtail the use of open area, if it is for the benefit of the society. If the secretary wants to stop the members from using the open areas then a resolution to that effect has to be passed by the General body at the AGM.

Good Luck,
Kishor Mehta

Rajendra K Goyal (Expert) 26 April 2015
Secretary can not stop till any such resolution passed by the General body and is in accordance with the bye laws.

Dr J C Vashista (Expert) 29 April 2015
The common area of the CHS is meant for all members/residents. Secretary can not restrict its usage, if still adamant, issue legal notice giving a copy to RCS.

T. Kalaiselvan, Advocate Online

(Expert) 02 May 2015
If the secretary is acting arbitrarily on such public concern issue, you may first approach the president for relief, if he is also not responsive, you may issue notice to both the bodies or raise the issue in the next meeting of the society or you may represent to call for urgent meeting of the society to discuss issues of public importance. Let the matter be decided in the meeting.

Hemant Agarwal (Expert) 03 August 2015
1. It is an punishable offence u/s 55 MRTP Act and also under the Fire Act, to keep locked the Terrace door.

2. File a complaint application before the local Consumer Court, against the Society, for negligence and deficiency, for disallowing to use the terrace.

Keep Smiling .... Hemant Agarwal
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