Maharashtra co-operative acts
Querist :
Anonymous
(Querist) 21 September 2011
This query is : Resolved
Dear Sir/Madam,
I am leaving in Apartment on top floor (6th Floor). Our Society members has decided in meeting and locked the terrace by saying that no one can use the terrace for any private use.
We are using the terrace for take a walk at night or in the morning.
Is the rule made by the society is upto the law?
Is the society rules has not grab our freedom of using open space of the building for which we have paid the maintainance fees?
Also, I have one more query.
In opposit of my flat, the uncle is smoking to much, but the smell is coming through windows or doors in my home. I have baby (7 months) in my home and also facing the problem of breathing. Is there any law for this?
Could you please advise on the above?
Thanks and Regards,
Vinayak Thakar
R.Ramachandran
(Expert) 21 September 2011
If the majority of the members of the Society have decided to lock the terrace and that no one should use the terrace for private purpose, then you have to abide by the said decision. In the alternative, you have to work with and convince others if you want that the terrace should be opened and permitted for private use by members.
As regards the smoking by an uncle opposite your flat, I hope he is smoking in his house and not in a public place. Therefore, one cannot object to the same.
ajay sethi
(Expert) 21 September 2011
wa sthe issue raised in AGM ? was decision taken in AGM ? if majority of members have resolved that terrace should be closed it is binding upon you .
you can suggest in forthcoming AGM that timings be set wherein access to terrace wil be granted .
as far as smoking is concerned i agree with Mr ramchandran it is his house he is free to smke , you cna only request him not to smoke in vicinity of your windows as it is harmful to the baby
Querist :
Anonymous
(Querist) 23 September 2011
Thanks for your reply.
But The society is still not registered, then also, they can take such decisions?
