Open space of society
ketanshah
(Querist) 16 February 2012
This query is : Resolved
ours is a co-op soc with 88 residents & 12 shops to regulate unauthorised use of open space by members for there personal benifits soc charges rs.100 per day to residents since last 15 years & shpos rs.400 per month since last 7 years . now shop activity has increased very much and creates problems for other members so society asked the shops to restrict their work to shop only & not to use outside space failing which fine of rs.300 per day will be charged after passing proper resolutins in agm &eogm there are 7 shops who do not comply . some lawyers have suggested legal action for recovery of fine u/s 101 of maha state co-op act please advice this querry is posted with a view to understand law better and also please note that now property rates are so high that societys which have large open space have great difficulty in protecting it from rouge members
ajay sethi
(Expert) 16 February 2012
in case resolution is passed in AGM authrosising society to collect fines society can levy fine . if members do not comply with resolution you can issue legal notice to said defaulters .
resolution to issue legal notice for recovery of fine should be passed in mangaing committee .
Kiran Kumar
(Expert) 16 February 2012
rightly advised by Mr. Sethi....prior to going for recovery process through legal process...serve them with a proper legal notice.
Sankaranarayanan
(Expert) 16 February 2012
Yes if the matter was discussed and resolution passed in agm then it is become legal so accoding to the reselution the action being taken if any one file then the society have right to issue legal notice for the same
