Sajiv Kaimal
This is with reference to the website www.indiancooperative.com
I needed your legal advice.
Sir, the managing committee especially the secretary and chairman are running the society in many illegal ways.
Our society at Mira road, Thane, is too huge nearly 324 flats different sizes (1, 2, 3 bhks).
I as a single man cannot fight for all. No one has the guts to come forward and fight for their rights.
Two issues I want to fight are 1) parking. 2) Maintenance per sq ft.
1) Parking:
Builder has sold parking to nearly 95% flat owners. There is no parking space left. Builder has issued allotment letter with receipts to flat owners 21000 for stilt parking and 11000 for open parking.
I have not taken parking.
After society was formed, the secretary says the flat owner has purchased parking.
Illegal transfer of parking, flat owners are selling their flats with parking, covering open parking with shades, flat owners are giving parking on rent, all with the knowledge of secretary and chairman.
Also, those who have not taken parking are told not to enter with vehicle in society.
The secretary has told me to go legal and is not listening to me regarding byelaws and Supreme Court orders since they have majority.
2) Maintenance:
Society is charging on per sq ft basis, I told them as per byelaws, it should be per flat..they have told to me to go legal.
They say its majority which matters and that bye laws are not considered.
Sir, I want the secretary and chairman to be booked for not following the byelaws and adopting illegal means. I am alone and ready to fight for my rights.
Will the registrar and law authorities help me in getting justice in this selfish and corrupted world since everywhere it is just money, money, money. Also, I will have to incur expenses for the legal case which may prove a costly affair. Will I get a compensation from registar or from courts if I fight legally?
Since it is society, the secretary will use society funds for fighting case. They know that no individual will fight against the society using self funds.
How can a common man like me get justice having all proofs against such illegal people who does not respect byelaws and goes against byelaws and illegal ways?
I C Naik
In housing societies parking has a very bad history and now with increasing pressure of vehicles there is hue and cry about it.
Two categories of parking are recognised in Bye-Laws (as per Model prescribed by the Commissioner and Registrar of Cooperative Societies)
1.Stilts and Open area parking spaces illegally sold by builder (illegally in view of recent judgments). The courts have said that housing societies are free to cancel sale of parking by builders and frame their own regulations in the general body meeting. Think of the general body meeting passing any resolution cancelling the parking by builder where 95% members own such parking. The 5% parking are in possession of the managing committee and rules can be framed for the same. That is the end of the storey on parking.
2.Basis of charging maintenance adopted by the Committee is a simple common sense approach as different basis are laid down to apportion on each flat. As there flats of different carpet areas per sqft rate is unlikely to result in to unfair allocation. It’s inbuilt canon of taxation – ‘capacity to pay’ imagine all flats are of same carpet area. Apportionment of society charges as per bye laws is not very convenient as there are several basis.
| Charges | bass per Bye-Law No 71 (a) | implication of per sq.ft basis |
| Property taxes
|
As fixed by the Local Authority | Total tax bill is spread uniformly on all equal carpet area flats; Some flats may get higher share than actual |
| Water Charges | On the basis of total number of taps / push cocks/of turn cocks/mixing taps/Flush taps/shower taps etc. provided in each flat. | Larger flats will have larger number of water outflow connections and they will get a higher charge |
| Common Electricity Charges : | Equally for all flats. | Higher area flats will bear more share which is proper as 1 bhk and 3 bhk paying equal is unfair distribution. |
| Repairs/maintenance of the building : | Per square ft. of the carpet area of each flat | NO DIFFERENCE |
| Expenses on the lift,:. | Equally by all the members, irrespective of the fact whether they use the lift or not | If a member has more tah one flat he is better off at the cost of smaller flats |
| Sinking Fund | : As provided under the bye-laws-law No. 13 (b) | No difference as value if the flat is the basis |
| Service Charges : | Equally divided by the number of flats | All flats pay equally is unfair to smaller flat holders |
Committee is not fully complying with the Bye-Law No 71(a) but by using sqft as basis of apportionment of expenses smaller flat-holders are spared higher maintenance charges since higher benefit of sharable expenses goes to lager flat owners it is fair that pay higher.
On both counts you do not have a valid grievance.