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Notice from the society for water proofing work on terrace

(Querist) 23 April 2014 This query is : Resolved 
I own a house in Pune. Also, i own half of the terrace attached to my house.
Now the Society members are saying that water proofing work on terrace should be done by me only, as i own the same. If i do not do the work, they will serve Notice thrice on me & then ownership gets transferred to Society automatically.
My question is :
1) Why should i bear all the expenses of getting the water proofing work done? Is it not Society's Duty to incur those expenses from Society's funds?
2) Whether such act of serving Notice & getting owned property Transferred in name of Society is Valid? Can Society do so, even if i have legal documents for my ownership?
ajay sethi (Expert) 23 April 2014
society has to pay for water proofing of terrace . if society refuses to do so move consumer forum against society for deficiency in service .
SONY KABRA (Querist) 23 April 2014
Thank You so much for replying.
ajay sethi (Expert) 23 April 2014
thanks for your appreciation
Rajendra K Goyal (Expert) 23 April 2014
Agree with the expert ajay sethi ji. If any notice is received, reply the same, take help from a local lawyer.
T. Kalaiselvan, Advocate (Expert) 27 April 2014
Agreed with the views expressed by experts.
Hemant Agarwal (Expert) 24 March 2015
CONTRARY TO THE ABOVE SUGGESTIONS:
Introspect on the following:

1. "Sony Kabra", owns half of the Terrace (which is attached to the house). This in turn means that the half terrace is the private property of "sony kabra" and is not within the definition of "common spaces".

2. "common spaces" are those spaces which are assessable and usable by all members. Private Terrace of "sony kabra" is not "common spaces" and is NOT assessable and usable by ANY other members.

3. Society is liable to use Society's funds to repair and maintain "ONLY" common spaces, which can be used by all members and not private persons spaces.

4. In view of the above, "Sony Kabra" is lawfully liable to conduct ALL repairs of the private terrace with own funds and NOT from society funds, failure of which criminal prosecution under the BMC Act and IPC can be initiated, against "Sony Kabra".

5. AS FAR AS "Sony Kabra" query as follows: "serve Notice thrice on me & then ownership gets transferred to Society automatically".
WELL, most Societies committees, as a "force of habit" ( chronically and sadistically) keep hallucinating of attaching private properties, which under the law is not tenable.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
Hemant Agarwal (Expert) 24 March 2015
CONTRARY TO THE ABOVE SUGGESTIONS:
Introspect on the following:

1. "Sony Kabra", owns half of the Terrace (which is attached to the house). This in turn means that the half terrace is the private property of "sony kabra" and is not within the definition of "common spaces".

2. "common spaces" are those spaces which are assessable and usable by all members. Private Terrace of "sony kabra" is not "common spaces" and is NOT assessable and usable by ANY other members.

3. Society is liable to use Society's funds to repair and maintain "ONLY" common spaces, which can be used by all members and not private persons spaces.

4. In view of the above, "Sony Kabra" is lawfully liable to conduct ALL repairs of the private terrace with own funds and NOT from society funds, failure of which criminal prosecution under the BMC Act and IPC can be initiated, against "Sony Kabra".

5. AS FAR AS "Sony Kabra" query as follows: "serve Notice thrice on me & then ownership gets transferred to Society automatically".
WELL, most Societies committees, as a "force of habit" ( chronically and sadistically) keep hallucinating of attaching private properties, which under the law is not tenable.

Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar


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