Rights of tenants in a co-operative housing society

Franklyn (Querist) 06 August 2024 This query is : Resolved
Our society in Mumbai was redeveloped in 2008 after which I was allotted a first floor flat as against the ground floor one, I was staying in the old building. My flat is now 102 and my neighbour is 101. Now below our flat on the ground floor there is ICICI Bank, which is a tenant of one of the members. Extended from the typical elevation of the building from 1st to 7th floor, there is a foyer area of the bank, the ceiling of which serves as a terrace for our flats 101 & 102 and our kitchen and bedroom open out to it.
For cleaning the filth caused by bird droppings, fallen leaves and dust, we had made an access door from the kitchen as it directly impacts us and is a health hazard for us if not regularly cleaned. The society was OK with it all along but now we as Super Senior citizens in flat 102 have moved to a Care Home and have rented the flat. The society says tenant has no right to use this terrace and has locked it.
Regardless of member or tenant, the health hazard is the same for the residents if not cleaned frequently. Please note, this terrace area does not figure in our flat agreements with the builder nor does the extended foyer area figure in the BMC approved plan of the society. We have not asked the builder for the terrace but got it because of the architectural plan after redevelopment.
Kindly advise what is our recourse under the law, we have no objection to it being demolished. No other flats in the building can access the terrace from any common area of the society.
Your advice will give us the direction we need to move to have the matter sorted out.
Thank you.
Franklin D'Souza

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Quick Summary

A resident in a Mumbai co-operative housing society faces issues with their tenant's access to a terrace area, which serves as the ceiling for a bank's foyer and the terrace for their flat. This terrace requires regular cleaning due to health hazards, and the society has blocked access for the tenant. The resident seeks legal advice on their recourse, noting the terrace isn't in official agreements or plans but arose from the redevelopment's architectural design.

T. Kalaiselvan, Advocate (Expert) 06 August 2024
You have to fight a long drawn legal battle to encounter the society for creating hindrance to you.
You must bear it in mind that the tenants are different to that of the owner members of the association.
However as a owner member you can establish your rights immaterial of the fact that you are physically living there or not.
you can contact any local advocate and issue a legal notice to the association to not create any hindrance in this regard failing which you would be constrained to make a complaint to the local municipality about it.

P. Venu (Expert) 18 August 2024
What exactly is your grievance - is it that of getting access to the terrace or that of cleaning the filth in the terrace area?

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