New occupants
SAA_Bombay
(Querist) 20 February 2015
This query is : Resolved
Sir, we are the Owner Society & after redevelopment has asked new occupants of wing B to become member of society but no one has bothered to be. We have sent them letter, reminders & even a letter from advocate for legally parking their vehicle on society premises but they are least bothered. one of them is Govt official from PWD dept. he says that he will complain to BMC of society not allow him to park their vehicle.
Wing B has not recd OC. people in wing B have made society letterhead & has made our developer secretary of wing B without any knowledge of owner society. Can society put a case of forging the society documents, illegal encroachment (as entire wing B is property of Owner Society including Water Tank, Lift etc), illegally occupying flats without OC. Please suggest, we want to force this occupants to become member of society.
Hemant Agarwal
(Expert) 22 February 2015
1. Membership in a Society is "voluntary" and NOT "mandatory /compulsory". Hence no Flat-Owner can be forced to join as a member of any Society.
2. Every Flat-Owner (whether member or non-member) is lawfully entitled to use the common spaces /parking spaces of his building compound area. Hence Parking cannot be refused to Members /Non-members.
Keep Smiling .... Hemant Agarwal
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T. Kalaiselvan, Advocate
(Expert) 22 February 2015
Though membership is voluntary, for usage of common area under the control and maintenance of the society, the residents have to pay the maintenance charges to the society, also the society will be owner of the common area of the apartments/flats built in the premise. thereby the society has got rights to take legal action against the non-members who refuse to pay the maintenance charges as per the provisions of the bye laws of the society.
Hemant Agarwal
(Expert) 23 February 2015
FOR INTROSPECTION ONLY:
1. Society can recover defaulting "society charges" from NON-members only thru legal proceedings before the "Civil Courts" and "NOT" before the cooperative court /authority.
2. Society bye-laws are applicable & enforceable against Society members ONLY, who are parties to the approval of the bye-laws. Hence provisions of the Coop. Act, Rules and Bye-Laws of a society, are not applicable or enforceable against NON-members.
Keep Smiling .... Hemant Agarwal
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SAA_Bombay
(Querist) 23 February 2015
Mr. Hemant, does it mean that any occupant can come & start living here without permission of Owner Society & he is not at all bothered by Rules framed by Owner Society. It means that even the society has the same rules like Zoparpatti in Mumbai, any hut can be made any time & anywhere. Society has its own expenses, if every occupant will start behaving like this occupants, than how society will work. I more thing, becoming member is choice of occupant what if Owner society say that they do not want a particular member, than will it be right of society to do this? if occupants have this right than why can't society
T. Kalaiselvan, Advocate
(Expert) 23 February 2015
Mr. Sanjay Mistry,
All your questions are very genuine, what you should do is to discuss all such legal issues either among the members of the society in a meeting or through a consultation with a local lawyer. You cannot expect spoon feeding from the experts on the trivial and local issues too.
Hemant Agarwal
(Expert) 23 February 2015
Kind Attention: Shri Sanjay Mistry
1. All your arguments have no legal base and are a figment of your hyper imagination. A housing Society (atleast in Mumbai) is no better than a Zoparpatti /Hut, looking at the faulty attitude and the adamancy arrogancy the members portray and the dictatorship type "Land-Lord'giri" of the Mg.Committee members. PUN Intended.
2. A Society is formed mutually between the consenting Flat-Owners, by connivance with each other, for mutual convienence for providing "Common Services & Amentities" on "mutuality and equality" to the consenting and joining members, on "No Profit - No Loss basis". NOTHING MORE. PERIOD.
3. Society CAN NEVER EVER become the "owner" of the members Flat, SINCE the Flat-Purchase agreement is signed between the Builder and the Flat-Purchaser. Hence your contention that Society is the owner-Society (or whatever) is gross hallucination. Each Flat-Owner (member or non-member) in the building complex is the "owner" of his ratio of the common spaces and appurtenance, inside the complex /compound. You may prefer to check the clauses /wordings in the Flat-Sale agreement.
4. Check your Flat Agreeement. IS it between the Society and you ???? .OR. is it between the Builder and the Flat-Purchaser ???? .AND. IF if it is between the Builder and the Flat-Purchaser, THEN how does the Society claim to become the Owner of "ANY" flat in the Society building. A Society can be de-registered "anytime" (that too at a drop of your hat), subject to various parameters, dependent on a Lawyers capability and capacity.
5. A Flat-Owner has an inherent legal "right" to volunter to become a Society member .OR. NOT to become a Society member, under the MCS Act. It is his own choice, irrespective of "anything". No legal compulsion is applicable to a Flat-Owner.
6. HOWEVER, IF a Society refuses to grant membership to any Flat-Owner, THEN "each" of the Mg.Committee members can be successfully prosecuted in the local Criminal Court, for bias and discrimination, subject to various parameters, dependent on a Lawyers capability and capacity.
Keep Smiling .... Hemant Agarwal
READ ARTICLES ON: http://hemantagarwal21.blogspot.in/?view=sidebar
SAA_Bombay
(Querist) 24 February 2015
Dear Mr. Kalaiselvan, I think you have misunderstood my question, it is just a question asked by one common person who is very far away from legal subject matters. We ask you queries, that's the reason you people on this site are known as "Experts". Just for your information, We have asked so many queries on this site & very knowledgeable Experts on this site has shared their knowledge with us without any hesitation, they cleared our doubts every time we asked them & without a feeling that they are spoon feeding us. We salute just persons on this site as they share their expert advices so modestly.
Dear Mr. Hemant- Thank You for explaining the matter profoundly.
