Legal Question in Real Estate Law in India
housing societies in mumbai;-Levy of penalities
Can a managing committe of a CHS in mumbai arbitarily impose a fine of Rs 5000.- without reference to the AGM and reflect the same in the Bill. In the AGM a few days later this penality is enhanced to Rs 10000.Reason some members have put sliding doors for safety on terraces which have been covered . Society has no ojections to the asbestos sheet used for covering on top. All these acts were done prior to the formation of the Society hence question of taking permission does not arise. OC has also been obtained. This objection after 8 years smacks of extortion . Reason given is that some members were asked to remove loft water tanks which added weight to the building . The terraces do not form part of common areas but exclusive to the flat and purchasedalso. some permisions from the builder for alterations do exist but none for the roof which is asbestos from the BMC and is not allowed. Kindly advise we are not causing nuiasanse to anyone . My point is that if heavy penalty has been levied if they can do so then even double doors as safety installed by all residents are also illegal as may be some other internal changes?hence all myst pay penalty as there can be no two laws for any so called illegal act.
2 Answers from Attorneys
Re: housing societies in mumbai;-Levy of penalities
You need to approach concerned Dy. Registrar, Co-op Societies or Co-operative Court to redress.
As regards legality or otherwise of the matter, you need to consult your lawyer with all the documents and other information in the matter, including resolutions of Managing Committee and General Body.
Re: housing societies in mumbai;-Levy of penalities
You are right. This arbitrary action/decision of the Managing Committee is illegal. It will be better if you sort it out in the AGM by forming an opinion after holding discussions amongst all the members. The AGM is empowered to over turn a decision of Managing Committee.
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