Agnello
A big thanks to you for your support in addressing queries related to housing societies.I am member of a managing committee in our society and would request your advice on the following.
One of the ground floor residents has put banners on society walls promoting the school he is running. These banners are huge of size 6×5 feet and greater. My questions are
1. How should the managing commitee go about removing the banner.
2. Do we need to issue a notice to the member
3. Can we slap a penalty to the member and if yes to what extent
4. Do we need to call a special GBM for any of the actions above or any other actions
Thanking you once again
I C Naik
It has to be assumed that Agnello is referring to a CHS in Mumbai registered with Model Bye Laws of 1984 i.e.some time before 2001.
The member concerned has encroached upon a common property of the Society (not part of the flat covered by agreement with the builder under Section 4 of MOFA). In a CHS any area not covered by any agreement executed by builder with flat purchasers is under the management responsibility of the CHS. How to use this common area is to be regulated by the CHS Committee subject to Bye Laws and any resolution of the General Body. If there is nothing mentioned in the bye laws then the Committee has to go by the following bye Laws:
170.The Committee may, with the previous permission of the Local Authority, if needed, allow exhibition of advertisement boards on any part of the building including terrace, on such terms and conditions as are approved by the general body meeting.
As per the facts the member has assumed that he has an access to any part of the property of the Society as if it has been purchased by him for his personal use
This amounts to encroachment to property belonging to Society as a whole. The Managing Committee is duty bound to protect the common property against encroachment. The Committee can file a Police Complaint for such encroachment against a member if the member does not remove the advertisement display forthwith on Secretary or Manager asking him, in writing or verbally to do so. No reason has to be given to him for such instructions so better not get in to arguments.
If there are many members who display such disregard to decent conduct it is suggested that the Committee makes out a list of such probable conducts unacceptable to decent members of the Society and fix penalty for every such conduct by a resolution in General Body Meeting as per bye law no 165 reproduced below:
165.The meeting of the general body of the society may prescribe penalties for different breaches of the bye-laws of the society. The Secretary of the society, under instructions from the Committee, shall bring to the notice of the member concerned, the breach/breaches of the bye-law/bye-laws committed by him. If the member persists on continuing the breach/breaches, the Committee shall give the notice to the member to show cause as to why the penalty should not be inflicted on him for breach/breaches of the bye-law/bye-laws. The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society.