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

Aarti Hiranandani (nil)     12 December 2011

Society charging me for pet dogs

I, Aarti Kishore Hiranandani, residing in Malad [East] seek your advice and require help regarding a society matter over my pet dogs.I have 2 pet dogs, one Eleven years old and the other is Nine years old. I have been living in this society since August, 1992 and own the said flat.

During a Managing Committee Meeting held in 2008, a resolution was mutually passed by the members of society; to charge the dog owners a fee of Rupees Hundred for one dog and rupees Two Hundred for the second dog per month [For me, sums up to rupees Three Hundred per month/ rupees Three Thousand and Six Hundred per annum] in the maintenance charges paid to the society.

The minutes of the Meeting state that the charges are implied on the basis of the pets being a nuisance to the society and its members. The further explanation to the aforesaid 'nuisance' was that pets consume excess water [for instance bathing] and litter in the building premises. As a matter of fact, my pets are paper-trained and are seldom walked in the society premises, leave alone soiling the building premises.

I would like to bring it up with the society that my pets are family to me and are considered the same by the law. I would request you to further guide me whether my society can charge me any such fee towards pets residing in my own flat.i have also found out that no other building in our area charges any flat owner extra maintainence for having pet dogs in their own flat.
Also, kindly advice what would be the procedure to deal with this matter further.



Learning

 3 Replies

Democratic Indian (n/a)     12 December 2011

There was a judgement by Mumbai High Court sometime back in favour of dog owner living in appartments and pets were declared to be like family members. I am not able to recall the exact case, it was somewhat similar to yours where the society had either prohibited the dog to be taken in lift or some arbitary monthly amount was fixed. If you search this forum or internet you may get that judgment. You may also post in Experts section.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 December 2011

For : Aarti Kishore Hiranandani,


Under the MCS Act, Rules & approved Bye-Laws,  the General Body in a duly consituted meeting, may levy a penalty or charges for those activities that are not consistent with the preamble of the Housing Society and/or which causes nuisance or discomfort to the residents of the CHS.


AND under the same bye-laws, the decision of the General Body is supreme and binding on all the members. 


Further, as a caution:  IF YOUR pet dog, in your custody, happens to bite somebody or happens to infect somebody in the Society,  you would be held criminally responsible for the same, alongwith damages payable for physical and mental trauma to the aggrieved person.


HOWEVER, you may prefer to check-out the followinig links, for some consolation :


https://www.lawyersclubindia.com/forum/DOGS-ARE-FAMILY-can-use-Bldg-LIFTS-for-free-Court-28068.asp


https://www.lawyersclubindia.com/forum/NEW-JUDGMENT-ON-DOG-NUISANCE-12628.asp


Keep Smiling .... Hemant Agarwal


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register