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Nidhi (advocate)     24 August 2009

MCS Act

Dear All,

Can anyone tell me that if a resident of Co op HSG society undertakes anykind of renovation in his house. Then, Do the members of Co operative housing society right to enter the house and check the renovation without the consent of the owner?

Thanks.



Learning

 2 Replies

saumit joshi (advocate)     24 August 2009

Madam pls clarify ur querry in detail

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 August 2009

Under the registered bye-laws (which is under the MCS Act),  "ONLY"  the Secretary is empowered to check the renovation being done to the walls, floors and the structure of the flat.

BUT the conditions are :

1. The Secretary should be duly elected by the GB, and should have filed in the "indemnity bond" that is mandatorily required u/s 73 of the MCS Act.

2.  The bye-laws must be approved and registered with the Registrar of Coop., which in turn delegates such power to the Secretary.

3. The Secretary should take prior appointment from the tenant-owner to "inspect" the flat renovations.  The consent of the owner is very much necessary else the secretary can be booked for  "criminal trespass". The other mg.committee members do not have the jurisdiction to inspect members properties.  You see it is not a "public property"

If the above is not fulfilled by the Secretary, you can simply tell him to  "get lost".

Keep Smiling .... Hemant Agarwal

 

 

 


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