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rules by coop housing soc.

(Querist) 03 May 2009 This query is : Resolved 
me & my wife both are wotking. due to problem of Water We install 500 ml water tank at our loft in bathroom.

Society made rule in AGM that water tank is not allowed. And started charging fine every month.

Since both are wotking & water is basic need we dont want to remove the tank & the resolution is passed in AGM what we can do? Whwn we installed water tank there was no such rule.
Y V Vishweshwar Rao (Expert) 04 May 2009
Represen the same to the Society management / Executive body/ General Body in writing , if they /society / EC /GB not accpeted your reaosnable claim/ water facility/amenities , you can represnet beofore the Registrar of the Co- Operative Societies Housing .
The society Resolution /Rule in AGM and penalties imposed for fixing the Tank 500 Ml in Loft
is incorrect
It is minimum necesssity of your family and the penalties imposed under a Resolution,is illegal and agaisnt the Bye laws!

Swami Sadashiva Brahmendra Sar (Expert) 04 May 2009
Mr. Rao is right. further add that no fine cn be imposed as you did not violated any rule i.e. said rule was not existing when you installed the tank.No penal provision can be made with retrospective effect.
adv. rajeev ( rajoo ) (Expert) 05 May 2009
When there was no condition while installing the water tank and the resolution passed by the socieity after installing ur tank, as such that resolution is not binding on u, and society cannot ask the penalty for it, u convince it to them. And go thru., the resoution what they have passed and go thru., that is there is any point regarding already installed water tank


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