Objection on lift installation
Sandesh
(Querist) 28 September 2015
This query is : Resolved
Dear Team
We are a building of 4 floors(Ground +4) with total of 20 members with 4 members on each floor. Age of our society as of today is 16 years. We pay a Maintenance of around700rs
Our Builder initially had plan to build 7floor building but since he could not get a necessary approval from authorities he settled on 4 floor.
While doing so he had made a provision of lift(Duct)(space for installing lift) in our building with no lift and he had sealed the open gaps with bricks on each floor. So now to install new lift all we just have to break walls on each floor
Now the issue is 12 members of out of 20 have agreed to install a new lift by asking a contribution of around 50 thousand per Flat.
8 members have strictly objected for installation (Ground and First floor). I am myself in this 8 members. Our Reason for objection is since lift duct was created by builder for 7 floors Contribution for buying new lift installing and maintaining Should not be laid on only20 members as cost per member increases.
Many of this 8 members are not so financially well off and also could not afford to increase Maintenance charges. Our objection is purely on Financially and on basis that since building did not have a lift for 16 years why now.
Since people in favor of Buying lift are more they are planning to pass resolution in Managing committee meeting and are going ahead by levying the same in monthly Bills. They are also ready to take 50000 rs in installments. There are several expenses like structural audit other then new lift cost which we think is not necessary since buiding is still deprived of basic things like cleanliness proper parking area water etc.
My question to you is now is there any way we 8 members can stop process of buying new lift or can we stop paying charges levied in monthly maintenance for buying new lift. Is there any legal solution for this.
Mohammed Ameenuddin
(Expert) 29 September 2015
You cannot, since majority of members are in favour of installing Lift, please refer to your Agreement signed at the time of purchase of flat.
Sandesh
(Querist) 29 September 2015
There is nothing mention in Agreement on installation of lift.
vswaminathan
(Expert) 29 September 2015
Sporadic Reaction (based on own thoughts)
Was not at the relevant point in time, or as later, provision of a lift in a building with 4 or more floors mandatory per the governing regulations!? The promoter/seller’s legal obligation and answer ability for non-provision of the facility and consequential fall out problems continued to be faced by the buyers, also, may be worth being looked into / seriously explored, in consultation with a competent property / flats law expert. Provided , of course, subject to certain other related aspects, a recourse to promoter/ seller is found to be open and practicable even at this late stage.
Sandesh
(Querist) 29 September 2015
I just need to know can we 8 members oppose 12 members and stop to process of buying new lift legally. Or can we deny paying charges levied to buy new lift on our maintanance bills
Guest
(Expert) 29 September 2015
You have the right to oppose and register your objection, but majority vote will prevail.
Rajendra K Goyal
(Expert) 29 September 2015
You may object and in case of need may move to court for stay, however, success is doubtful in the given facts.
Sandesh
(Querist) 29 September 2015
Its really disappointing inspite 40% members are not in favour of lift. We do not have any chance of sucess that means we will have to unwillingly shell out money from our pockets.
Anirudh
(Expert) 30 September 2015
Since you are in the ground/first floor, you are doing all this.
When there are only 20 flat members, how can you say it should be shared by all the persons upto 7th floor.
It is people like you who do not know how to live as a society, create all sorts of problems.
You are ready to spend money in litigation, but not for common good within the society.
The majority wish will prevail.
Sandesh
(Querist) 30 September 2015
Dear Anirudh
If you read properly i have mention above the building is of only 4 floors and not 7floors. I have never seen a building with 4 floors having a lift.
Building is now 16 years old. At the time of purchase there was no lift in the buiding. And out of 20 members 8 member are against it. So there no clear majority in favour of lift.
Anirudh
(Expert) 30 September 2015
Better read your post before reacting.
You very well mentioned about 7 floors by saying the following:
"Our Reason for objection is since lift duct was created by builder for 7 floors Contribution for buying new lift installing and maintaining Should not be laid on only 20 members as cost per member increases."
If there was no lift initially, do you mean to say for all times to come the building should not have lift at all?
Please try to understand and appreciate. People are getting on in age. The climbing of 4 floors will be difficult. It will not only tell upon their heart, but also on their knees etc. Therefore, better try to co-operate and be a good neighbour and resident. All of you have to see one another every day.
Sandesh
(Querist) 30 September 2015
Dear Anirudh
Builder got permission for only 4 floors which i have mentioned. Also we are opposing not just because we are staying on lower floors. There are other reason which we think needs to be address on priority like building still lack proper cleanliness there is need of repairs also water supply is an issue.Also many member are not financially well off . What we think if building still does not have basic things installing lift will not be correct and would be a burden to many.
T. Kalaiselvan, Advocate
(Expert) 04 October 2015
The other reasons to be taken care of is just an excuse. If you are living in a society you may very well cooperate with others and live peacefully, why want to turn the face on seeing a neighbor who was not favoring you?
I agree with the views of expert Mr.Anirudh in this regard. It is for the common cause hence better adjust so that your other demands in the society may be taken care by all other members properly.
Sudhir Kumar, Advocate
(Expert) 05 October 2015
The members were financially well off when they initially joined and there was provision for lift (mandatory for 3+ floors)
