Kavitha Menon (Others) 03 November 2016

Flat renovation but no structural changes

Hello Law Experts:

If I have to do an interior renovation to my flat that does not include any structural changes, for example - painting a wall, putting on wall papers, furniture, kitchen cabinet repairs, etc. - do I have to seek permission from the Managment Committee of my society and also give a safe deposit.

I have been told by my MC Chairman that this is the procedure according to By Law No., 47.

How can any Society Management Committee reserve such rights to a personal property where they have not been the contributor. My flat renovation is my privacy unless I'm doing a structural change which is understanble that I wud then need to seek permission. But here they are asking to seek permission for randon renovation and repairs.

Please guide. Thank you.

Regards,

KVE

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3 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER) 03 November 2016

KINDLY NOTE THAT.

1. YOU MAY INFORM THE HSG.SOCIETY REGARDING THE JOB TO BE CARRIED OUT AT YOUR PREMICES AND LET THEM SEND YOU A WRITTEN REPLY OR DEMAND FOR DEPOSIT.

2. YOU MAY CHALLENGE THE SAME DEMAND LETTER BY FILING WRIT PETITION BEFORE HIGH COURT AND GET THE SAID UNREASONABLE RULE QUASHED FROM THE COURT.

YOU HAVE TO MENTION DETAILED FACTS OF THE CASE AND ALSO MENTION GROUNDS FOR QUASHING THE SAID DEMAND NOTICE. YOU WILL SUCCEED. GOOD LUCK.

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Kavitha Menon (Others) 03 November 2016

I had to do wall painting for my flat, and the Society Committee asked me to fill out a form and deposit Rs.2000/- which they said wud be refundable after the work is done with no damage. And they take their own sweet time to refund the amount. Please clarify is there such a clause or rule for Co-operative Housing Societies in Pune, Maharashtra. Do I have to make a deposit of Rs.2000/- every time there is a non-structural renovation at my apartment? Thank you.

SHARAD CHANDRA DANEJ (Asstt. Manager) 03 November 2016

I donot think you have to take permission from the society if you are only doing painting work. Of course you have to take written permission from the society if you are renovating the flat and deposit the required amount as per bye laws of the society. You need to state in your application to the society for renovation work as what the exact changes you want to do in the flat. The deposit amount is a sort of penalty if during your renovation the neighbour flat or flat just below yours donot get damaged. For example, after your renovation they might face leakage problems from your flat. Of course the deposit amount is refundable within a time frame.

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