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Chandra Mistry (Retired)     16 December 2017

What by-law, maintenance or cooperative housing maintenance

An issue has arisen whether society commitee has the right to demolish a patio area as governed by by-laws. The owner has built a patio area as the builder did not do so. Further complication as the builder is still the legal owner of the complex but does not want to run the society. The complex is not complete as an old bungalow still exists which should have been removed ages ago but the owner will not move. What laws should the society management follow? The society was registered as a Maintenance society but some say it is now a Cooperative Society but no offical paperwork exists.



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 4 Replies

Kishor Mehta (CEO)     17 December 2017

You are governed by the Bye-laws of CHS of your State, the registration certificate specifies the style of the Society. There are Tenants Co-operative Housing Societies and Apartment owners housing Societies, Maintenance Society is unheard of. Usually permission of the local Municipal corporation is necessary for any structural changes or demolition.

G.L.N. Prasad (Retired employee.)     17 December 2017

Any thing and every thing should happen only after issuing such registered  notices, stating stipulations with such numbers that empowered them.

Chandra Mistry (Retired)     18 December 2017

Dear Kishor,

Thank you for your prompt reply.

Are the laws of the Maintenance Society same as that of the Cooperative Maintenance Society?

The current members of the Society including Chairman have written a signed letter threating to demolish the patios in 10 days time. They are acting as judge, jury and executioner. Can they legally do this? The complex is based in South Goa. What action can the owner of the patios take to prevent any demolition? , is there any right of appeal. There has been no objection from the people living in the complex as to the building of the patios. Most people think that the owner has the right to build the patios so they can walk on a solid clean surface rather than mud.  

Would appreciate any thoughts on this matter, thank yiou in advance.

 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     20 December 2017

1.  "Maintenance Societies"  are those Societies that are formed ONLY for providing "common amenities & services" to its mutually consenting and joining members.  PERIOD.

 

2.  In the instant case, it seems that that the Chairman has issued such nefarioius notice, under the chronic influence of his daily Patiala Pegs of the locally brewed daru.  Any corrosive action (demolish) by the Chairman, could amount to Criminal Proceedings in a local magistrates court.

 

Keep Smiling .... Hemant Agarwal


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