Obsctruction of the second gate of housing society

Shaikh Zahid (Querist) 14 October 2024 This query is : Resolved
Dear Sir/Madam
I live in a co-operative Hsg. Soc located in Malad Mumbai
We have 2 gates in our society of First (main gate) is kept open for movement of residents and vehicles on a daily basis
There are only 2 gates in the building and this second gate (is kept locked) 24/7, and the society takes Rs. 1000/Month and allow 2 vehicles of type 4 wheeler to be parked in front of the second gate, Now due to this the gate gets fully blocked and if any Fire or emergency happens people cannot escape from the building using this gate, nor any Fire Brigade or Ambulance vehicle can get inside the building.

When I raised this concern, the managing committee says they have considered this and say they are in compliance with this and say we have the keys of the vehicles with us which can be moved.

My question is this allowed in the first place to block the second gate of the building with parked vehicles as no one know when Fire incident can happen,

What should I do if managing committee is not keeping the second gate free of any obstructions

It is the secretary of the society that is stubborn as he has parked 1 of his vehicles in front of the second gate and is defending his actions saying there are monetary benefits to the society in doing this

Please advice

Many Thanks

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Quick Summary

A resident is concerned about their housing society's second gate being permanently blocked by parked vehicles, despite it being a potential emergency exit. The managing committee claims compliance and financial benefit, but the resident questions the legality and safety of this practice, especially concerning fire safety regulations. Advice suggests raising the issue with the Deputy Registrar of Cooperative Societies and potentially the Fire Brigade or BMC, as resolutions cannot override safety laws.

T. Kalaiselvan, Advocate (Expert) 14 October 2024
The management committee cannot take arbitral decision in this regard on their own, they should have got a resolution passed in this regard by two third majority in an general or special meeting of the society.
You an make a complaint against the society for this hindrance and illegal activity adopted by the society to the deputy registrar of cooperative societies for remedy.

kavksatyanarayana (Expert) 14 October 2024
Yes. Follow the advice of the above expert Sri T.Kaliselvan Sir.

Shaikh Zahid (Querist) 16 October 2024
Thanks Mr. T. Kalaiselvan for your kind reply on this, I had asked them for the copy of resolution on parking rules in the society and they have provided me these 2 photocopies from the AGM of 2012 and 2013 year. However, my question remains, does all the members have the power to pass a resolution that is considered to be illegal practice and putting others life in danger, for eg: blocking of gate with parked vehicles on both sides of the society. What about the rules put in place by the Mumbai Fire Brigade and MCGM bye laws in tis regard,

Can the society pass a resolution which goes against the basic health and Fire safety rules put in place by local authorities?

Should I raise complaint with the Chief Fire Officer as well as BMC or MCGM for intervention on this, Could you please provide some bye-laws of housing society that forbids parking of vehicles in front of gates in a way that could obstruct emergency services like (Fire and Ambulance)

Many Thanks for your advice and time.

Since there is no option for attachment here, I am writing what has been given to me as a resolution passed related to Parking rules in year 2012

"3 four wheeler open parking will be allowed in the society on the rotation basis for the period of 11 months only. The said 3 open parking will be rotated after 11 months as per application of the member of the society. Open parking charges of the four wheeler vehicles will be Rs. 500/month"

NOTE: Do note here that there is no place left in the premise of the society any more to park 4 wheelers, The open space they mention in the resolution is in front of the second gate and the other 1 open space is meant for guest parking which is fine as that place does not block anything.

It is the secretay here that himself parks in this so called open space in front of the gate and justifies his actions saying he is paying parking fee to the society

Dr. J C Vashista (Expert) 16 October 2024
Parking space is allotted to the members and used by residents out of "common area" left out after leaving proper space for fire tenders, which cannot be blocked as such.
Raise the issue in AGM persuading some more members and get the gate "free" from any obstruction at all time for any eventuality.
If the AGM do not agree raise the issue with RCS /Fire Services/ Municipality and other departments

Shaikh Zahid (Querist) 16 October 2024
Thanks Sir for your kind reply, DO I have to still persuade members for this? as the managing committee stands in breach of below listed acts

Maharashtra Fire Prevention and Life Safety Measures Act, 2006
Brihanmumbai Municipal Corporation (BMC) regulations

Could you please provide with relevant clause or bye laws of the Maharashtra Co-Operative Housing Societies. Nos. prohibiting parking of vehicles in front of gates and blocking access to emergency services to put in my application to strengthen please

I look forward to your kind advice/reply on above

Thanks for your time Sir

T. Kalaiselvan, Advocate (Expert) 16 October 2024
You can engage the services of an experienced lawyer in the local and proceed as per the advice rendered by the chosen lawyer for proper and legal remedy to this problem

Sudhir Kumar, Advocate (Expert) 18 October 2024
The issues involved are

Issue -1.
Blocking of gate.
The plan of each building is passed by several authorities and cannot be altered. Restricting access exist through one gate amounts to change of plan.
ISSUE -2
Blocking of one gate fro specific purpose.
Even the society where I live is having 3 drive ways and one walking in gate. During coving period we used only 1 drive way.
Some societies due to security reasons used only one gate at night.
Such thing does not appear to have taken place in your case.

Issue -3
Fire Hazard.
Blocking sanctioned gate.
Fire Hazard does happen if the escape routes as per sanctioned plan are restricted. This also restricts the path of fire tender and firemen through one gate only.

Fire deptt is also one of the body which sanctions building plan. Just Mr “X” having the key of the gate (not available/traceable at the time of fire) does not mitigate fire hazard.
Furthermore if the keys of the gate are promptly available in case of fire (which never happens) still you intimate two cars parked therein also block the passage. The keys of such cars may not be traceable available. In some cases the lady of the house is seen not sharing the car keys to anyone in absence of male member and point blank deny key availability. SO fire hazard is not mitigated

Fire Deptt can intervene.

Issue -4
Renting of space.
Your query indicates that the management is charging parking fee by blocking the gate.

It is to be seen if the Constitution of the Society allows management to rent space.

Issue -4

Passing of resolution

The GBM can pass resolution within the scope of the Constitution and the State Govt statute under whose authorities it is framed. Any decision beyond such authorization or contrary to the object is ultra virus

Registrar can intervene, who generally has lot of such matters.

You seem to be enlightened soul who know the laws and the authorities s to whom the issue is to be raised.

Shaikh Zahid (Querist) 18 October 2024
Thank you Mr. Sudhir for your elaborative and nice reply on above topic. I am preparing my reply to be submitted to the society, and now since they mentioned they have passed resolution to allow parking in open spaces within the society premise, Do you believe this resolution has any validity at all if this goes against the Fire Safety norms of Maharashtra Fire Services which clearly says, ESCAPE/ENTRY ROUTES SHALL BE FREE FROM ANY OBSTRUCTION AT ALL TIMES.

Now given the fact that society has only 2 GATES (both gates are facing same EAST direction and opens on the main road. ) North and South direction has 7 storey buildings on both sides and wall which is shared by both societies WEST direction has wall of 6 feet and plus 6 feet's of iron barricading) so clearly there no other escape routes other than those 2 main gates (out of which 1 has been blocked by managing committee) and there are 2 wings A and B totalling to 56 flats approximate 200 plus souls of varied age groups living inside.

In-order to identify which gate serves as the access route for FIRE Tender, should l I request for below documents from society to confirm the gate where vehicles are parked is shown as FIRE or EMERGENCY use gate, as they managing committee has already said they have taken into account about the Fire Tender and it can pass through the main gate which is why there's no harm in keeping this gate blocked. (which is insane from my understanding)

The documents I will be asking for

1 Constitution of the Society
2 Approved Building Layout Plan (approved by the BMC or MCGM)
3 Any structural amendments done to the building and approval for the same from BMC/Fire Dept.

Do you think above documents will tell me which gate has been marked as Fire EXIT gate so that I can deal with them accordingly.

Many Thanks for your reply and advice on this

Regards
Zahid

T. Kalaiselvan, Advocate (Expert) 18 October 2024
You can proceed as per your desire and decision especially if you feel that you are aggrieved by the decision of the society and also if you feel danger due to such acts of the society

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