Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aditi   28 December 2019

Denying access to the common terrace

Society is denying access to the common terrace by not giving keys as I have to repair my internet connection which is in the terrace, also they have cut my boring water supply past 1 year They are giving reason that I have not paid society's bill Society doesn't have conveyance deed since committee formation in 2015 but society is registered on 2013 Are they allowed to deny access to common terrace by not giving keys? Are they allowed to cut boring water supply? Also is it offence to lock the terrace under fire act as building is 7 storeys?


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     28 December 2019

What are the terms and conditions of society bylaw?  complain to the concerned Deputy Registrar of Coop.societies  if they act against the terms and conditions.

G.L.N. Prasad (Retired employee.)     29 December 2019

It depends on bylaws, and even in forums, the society's arrears by owners are not taken kindly.  If you have any protests it should be raised in time with society in General Body meeting, and if Committee has taken a decision, it prevails and you have to toe the line of majority owners.  In a society, one should not give scope for such bad relations, as everyone wishes to have peaceful neighborhood with helping society members..  If you wanted to prevail with same type of relations, only a local advocate can bring a court order or you can approach to Registrar of societies in person and can get his oral directions to society as a special case.

Kishor Mehta (CEO)     29 December 2019

(1) It depends on the resolution passed at the Society General Body meeting about granting permission to use common areas like terraces, compound etc.You may request the managing committee, citing your problem, and they may not refuse permission for legitimate cause. (2) It is a criminal offence to curtail essential services like water, electricty etc. Non payment of maintenance charges does not permit the managing committee to curtail water supply. You may request them to restart the borewell water supply, failing which you can approach local police station and file a complaint.

T. Kalaiselvan, Advocate (Advocate)     29 December 2019

The terrace, bore well and other common areas come under the society.

The monthly maintenance charges are to be paid by the members regularly without default.

The maintenance charges paid by the members only will help the society to pay all the expenses incurred towards maintenance of the complex every month.

If the society bylaws state that such actions can be initiated to recover the maintenance charges from the members then there is no point in agitating over the issue.

No doubt water comes under basic amenities for which you can seek remedy through a court order.

But for other aspects it is your duty to cooperate with the society.

 

P. Venu (Advocate)     30 December 2019

The posting suggest deeper issues.

Dr J C Vashista (Advocate)     31 December 2019

Where and what type of "society" is referred by you i.e., Cooperative, Builder, Development authority or any other?

It is advisable to consult a local prudent lawyer for better appreciation of facts/document, professional advise and proceeding.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register