Society levy charges on balcony shed

SAJID SHAIKH (Querist) 05 August 2021 This query is : Resolved
Respected Sir

I stay at Asmita Vintage 4, Asmita Enclave Phase 3, Mira Road East. I had fitted a steel sheet on my balcony roof due to the garbage being thrown by upper floor residents. Now the Society had started levying Rs: 75 per month for the same,I had refused to pay since Society can levy a one time penalty. Kindly clarify what should be my line of action.
Sajid Shaikh

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A resident is being charged a monthly fee by their society for a balcony shed, which they believe should be a one-time penalty. The society claims the charge was approved by the general body. Other issues raised include the alleged illegal sale of parking garages by the committee. Experts suggest challenging the resolution with the cooperative society registrar or consulting a lawyer for a comprehensive review of the situation.

SHIRISH PAWAR, 7738990900 (Expert) 05 August 2021
Hello,

Society can recover the penalty as per the resolution passed in the meeting. If you feel aggrieved with the society resolution you can challenge it before co. operative society registrar.

Message likes : 2 times

SAJID SHAIKH (Querist) 05 August 2021
Thank you Mr. Pawar for your response.

kavksatyanarayana (Expert) 05 August 2021
Yes. Mr. Pawar sir well replied. Nothing to add.

Dr J C Vashista (Expert) 06 August 2021
Why did you not pay society bill, which has been levied for legitimate purpose after approval of general body ?
If not paid, society has right to recover the bill with interest, as advised by expert Mr. Shirish Pawar, which I concur.

SAJID SHAIKH (Querist) 06 August 2021
Vashista Sir, had paid Society Bill, but I think this is not right.

SAJID SHAIKH (Querist) 06 August 2021
Vashista Sir, had cleared society bills, the reason for which I had not paid was more than this, the society committee had sold garages which are stilt parking areas, some society members don't have a car but still have a garage which they had rented to other members charging Rs : 1200 per month. General Secretary allotted a garage to her daughter even before she purchased a flat.

Dr J C Vashista (Expert) 08 August 2021
Mr. Sajid Shaikh,
Initially your query was qua illegal levy of balcony covering charges, which you had refused and the society imposed penalty, for which the experts have already formed opinion and obliged, isn't it ?

Subsequently you have mentioned qua illegal sale of garage / stilt parking, isn't it ? Did you raise all these issues in general body meeting, before the concerned State Registrar Cooperative Societies, municipality or any other authorities ?

Be clear and specific in your query for consideration and obligation.
However, it would be better to consult a local prudent lawyer for appreciation of facts (in totality) for professional advise and necessary proceeding.

SAJID SHAIKH (Querist) 09 August 2021
Vashista Sir, thank you for your response. I paid the Society Bill before the due date. In this context I would definitely consult a lawyer.

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