Alteration carried out in my own flat in Thane(W)
Querist :
Anonymous
(Querist) 17 July 2010
This query is : Resolved
I had given the application to society, citing the alterations to be carried out in my flat. It was however in general but not very specific.
I have made the following alterations-
1. In hall , the 2ft (w) x 8ft(L) balcony was made usable since this area was lying unused, unhygienic , used by pigeons for nests and laying of eggs. 3 ft existing window wall (inside wall of the balcony) removed. Full size window is made, shifted till outside area of the balcony (however within the grill limit)
2. In Kitchen, again the 2ft (w) x 6ft(L) balcony was made usable for the same reason. In the balcony area, cupboard /storage area (of earlier wall height) is made by – removing existing 3 ft brick wall on inside part of balcony, outside part covered with brick wall of 2 ft and the window is shifted till outside area of the balcony (however within the grill)
Such type of alterations has been made before. Even the window grills are extended in all the flats.
Upto 6 months, there was no complaint by the society but afterwards, when another carried out the changes, Society decided that a committee would be set up to look into the changes for each and every flat and based on their report, the same would be discussed in the AGM and they will decide the further course of action. I approached to society and assured that as per the recommendation of committee, I will restore back.
However the committee did not found any thing, so no report has been provided to us. Suddenly 2 days back , I got agenda of AGM and specified that penalty and legal action will be levied on the members who has done alterations, other then specified in the application letter.
I have the queries-
Do the above alterations illegal?
Can society penalize for such alterations? If so, how much?
If I restore back as per the recommendations of the committee as applicable, shall I be exempted from penalty ?
Chanchal Nag Chowdhury
(Expert) 17 July 2010
U have not stated as to what type of Society U R in. It is difficult to say whether your Society has any right to impose penalty in the 1st. place.
However, in general, a Housing Society adheres to certain norms relating to the exteriors. Imagine what will HAPPEN IF EACH FLAT-OWNER decide to paint the exterior walls with a colour of his choice?
All said & done, penalty etc. depends on the rules of the Society U R in.
