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SAJID SHAIKH   18 July 2016

Can society managing committee levy a penalty on flat owner

I leave in a society at Mira Road, my society's Managing Committee has started imposing a levy of Rs : 300/- per month starting June 2016 for society members who had enclosed their balcony with Grill & Sun Roof, is it legal on the part of Society to impose such fines ?


 2 Replies

HIRAL THAKKAR (ADVOCATE )     18 July 2016

if it is not causing any inconvenience to other members or damaging the society property, society cannot charge such levies.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 August 2016

Under the model byelaws in Maharashtra, Co-operative Housing Societies can impose fines for breach of bye-laws. The fine that can be imposed has to be decided by the General Body at a General Meeting for each of various breach of byelaws. There is a byelaw which says that prior approval of Society should be obtained to make additions and alterations. Thus enclosing a balcony is a breach of the byelaw and the General Body is within its powers to prescribe a fine. You should have applied to the Society for permission to enclose your balcony. If the Managing Committee does not give you permission they have to give reasons for the same.  After such permission is obtained one should apply to the local Municipality. The inspector from Municipality has to come and inspect your proposal. After that they will increase the property tax for your flat as the usable indoor area of your flat would have increased. Property tax are levied by the Municipality on the Society and the Society in turn collects them from members. I suggest that even now you apply to the Society for permission and follow the procedure. What is your problem?

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