Shri I C Naik is on a vacation for a couple of days. Interestingly, we notice other readers such as Mr Paresh filling up the gap so well. Below is his take on a cooperative query.
Prasad
I have installed the cooling unit of the split AC on the exterior wall of my flat outside the grills. Our society has raised a notice against me for such installation and they are asking me to remove the cooling unit and install it on the grill outside my window. In case if no action is taken then society has threatened to slap penalty on me.
This matter was later discussed in AGM meeting & with majority they agreed that no one should utilize external wall outside the grills for any personal use. In AGM it is also decided that society can apply penalty of Rs 1000 in case of no action taken by member.
Is the AC connection made by me on the exterior wall not valid from legal point of view?
Also is society legally allowed to slap penalty to any member of society in such case?
Paresh
The society can levy charges IF AND ONLY IF a resolution to this effect has been passed in the General Body meeting. Since this was done, MC is within its right to exercise that option. Anything that alters the facade of the building is generally not approved.
IC Naik who was on vacation replies as following
I C Naik:
Use of exterior wall is prohibited by BMC. AGM also not empowered to permit such use. Split AC’s Cooling units can be installed in the Window grills but with the condition that it does not protrude outside the buildings external wall tarnishing the ambience of the Building.
As regards levying penalty the bye law No 165/166 (Model 1984/2009) lays down the procedure. For breach of any bye law general body meeting should prescribe the penalty beforehand. When a breach is noticed the Secretary should take it up in the Managing Committee seeking direction to send notice to member for taking corrective actions. If defaulting member persists the Secretary has to bring it in to Committee Meeting to send notice to member proposing penalty for approval of the general body meeting after giving an opportunity to the delinquent member to represent his case in the general body meeting.
As per bye law 166 (2009 Model) maximum penalty is Rs 1000.
Alteration of any type in the flat require prior permission as per Bye Law 47 (Model 2009) which includes installation of AC using any other space than originally provided.
It is important that rate of penalty for a specified action leading to breach of any bye law must be prescribed by general body meeting beforehand. Since exterior wall form part of the approved building plan doing any alteration is not covered by alteration in the flat and as such it is prohibited under BMC Rules. The member has to restore the position to its original and no amount of penalty can allow the member to continue with it.
