Rights to keep plants in the window grill
Kalpana Mathur
(Querist) 31 August 2015
This query is : Resolved
My society has been harassing me to remove my plants from my windows for past 2 years,They have now verbally communicated that they are now going to levy fine for keeping Plants outside the windows .Could you please advise , where i could avail the copy of the Society bye laws and the article no. that clearly states the members RIGHTS TO KEEP the plants on the window grills. . I had read in a blog earlier with similar issue , but its did not mention the article number of the society bye laws which I could present in our AGM , coming up on next sunday. Please advise.
ROHIT SHARMA
(Expert) 31 August 2015
1. No such restrictions can be imposed even by inserting such resolutions in the bye laws of the society. Bye laws copies can be obtained from the society secretary. file a civil suit seeking injunction against the society as to penalize you for doing so.
Rajendra K Goyal
(Expert) 31 August 2015
If society imposes penalty for keeping plants in the grill, take stay from court on recovery. File suit.
Kalpana Mathur
(Querist) 31 August 2015
I've read through the society bye laws , it states the following :
No bye-law shall be made, altered or abrogated unless
(i) a proposal to do so has been communicated to all
members, 14 days before the meeting of the general
body of the society, at which it is proposed to be
considered (ii) the resolution is passed by not less than
2/3rd majority of the members present and voting at the
meeting of the general body of the society and (iii) the
making, alteration or abrogation is approved and
registered by the Registering Authority
Does this mean they can pass a bye law prohibiting the members from keeping plants in their Grills.
pls Advise
Kumar Doab
(Expert) 31 August 2015
You can approach Secretary and registering Authority as per the extract posted by you.
M V Gupta
(Expert) 01 September 2015
As per new Model Bye laws (in Maharashtra) the Society is authorized to levy penalty up to 5000/-per year for any act done by a Member against the interest of the Society or in breach of the bye laws or the Act or the Rules.Many members keep several plants in their balconies and regularly water them causing seepage of the external walls and some times the roots of the plants damage the walls.the watering also damages the external painting of the building seriously affecting the appearance of the building. Hence the Society can in the Managing Committee or in the General Body pass a resolution to impose penalty on Members who do not comply with notice issued to them asking to remove the plants and desist from doing so in future.
