Putting steel sheet on open balcony of a flat in housing socoety

You are saying that some flat owners have covered their balconies with steel sheets. Some members have told the MC to issue notices to those who built terraces on their own balconies. Covering balconies and building terrace on their own balconies are two different things. You cannot build terrace over your balcony on your own. I live in Mumbai. I have covered my balcony with glass panes. When I wanted to enclose my balcony I applied to the Society for permission. With the permission of the Society I applied to the Municipality. The Municipality gave me permission and I enclosed the balcony. The Municipality slightly increased the tax on my flat as the usable area had increased. You can enclose your balcony not with steel sheets but with glass panes or grills. You cannot construct  a terrace over your balcony.

Dear sir

Many thanks for your quick response.

What i meant built terrace on balconies is steel structure and not cement terrace.

Your legal view is appreciated on above.

Thank you in advance

Best regards

As per Maharashtra Co-operative Societies Act, 1960, model Bye-laws of Co-operative Housing Societies (2014/2023), the Balcony attached to a flat is part of the flat holder’s exclusive use, but the outer façade, structural slab, beams, and elevation are common areas. Therefore any permanent alteration affecting elevation technically requires society permission.

However covering the balcony with steel sheets / temporary roofing considered as minor alterations for safety / weather protection are not treated as unauthorized construction unless they increase carpet area, change structural load and affect fire safety or elevation drastically. 

The Temporary, removable coverings, no extension beyond sanctioned balcony area, no obstruction to light, ventilation, or safety of others and no encroachment on common areas or neighbour’s rights do not come under illegal construction. 

A society cannot selectively enforce rules when the same deviation exists widely.

The MC cannot issue removal notices unless there is a General Body Resolution or PMC has issued a specific demolition / removal notice or if the structure is permanent RCC / masonry extension. The Steel sheets / temporary terrace covering do not meet this threshold.

If MC still issues notice you may issue a reply notice denying the allegations and you may demand PMC authorization / legal basis.

You may even approach the Deputy Registrar (Co-op Societies) for harassment or a Co-operative Court for injunction against selective action

The Model Byelaws are not part of the The Maharashtra Co-operative Societies Act, 1960. They are not passed or approved by the legislature. Hence they are only recommendatory and not mandatory. They have to be adopted with or without amendments by co-operative housing societies. The Model byelaws go on changing every few years. Societies cannot go on amending the byelaws every time there is a change. Occasionally courts do rely on the Model Byelaws when there is no law to rely on. I could not see any mention of balcony or its alteration in the Model Byelaws.

Dear sir

Many thanks for your valuable legal views.

Best regards

Very well explained, opined and advised by learned senior expert Mr. T Kalaiselvan, I concur and appreciate his acumen.

Balcony is part and parcel of flat of the member/owner in a Cooperative Housing Society.

Covering balcony by stainless sheets do not affect permanent structure of the building, hence it cannot be termed as an encroachment of common areas.