Can society prohibit plants in the gallery ?

mahmood mithani (Querist) 14 September 2024 This query is : Resolved
Our society is registered under MCS 1960,
Can society prohibit keeping plants in the gallery or watering the plants in the gallery on the pretext of water falling on extended parapat/ teen roof downfloors? specially these extended parapat/ teen roof are not part of the building structure.

i ll highly appreciate if experts guide me in this , my position in the society is chairman

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This discussion explores whether a society, registered under the MCS Act 1960, can legally prohibit residents from keeping plants in communal gallery spaces. The consensus suggests that societies can indeed make such rules, especially if decided at an AGM, and that potted plants can pose risks to building structures. It's also noted that residents don't have an inherent right to place personal items, like flower pots, in common passages.

kavksatyanarayana (Expert) 14 September 2024
If the teen roof belongs to others they can object to you.

T. Kalaiselvan, Advocate (Expert) 15 September 2024
A consumer forum has observed that no flat owner has the right to put flower pots or personal belongings in the common passage in front of the flat.
In a city where flat owners brazenly attempt to maximise every square inch of space available, a consumer forum has observed that no flat owner has the right to put flower pots or personal belongings in the common passage in front of the flat. The forum rejected the complaint filed by Parel resident who alleged that despite paying the maintenance amount the society was not cleaning the passage regularly.

The AGM can make such rules and if the same has been decided by the past AGM it will be applicable unless revoked. Beside this please note the potted plants are not good for the building structure and damages the walls / parapets.

Sudhir Kumar, Advocate (Expert) 15 September 2024
read society constitution

SIVARAMAPRASAD KAPPAGANTU (Expert) 16 September 2024
In Apartments all the inhabitants need to live in good neighborly atmosphere. To achieve that one should have a higher level of tolerance towards neighbors and co-tenants.

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