Mahendra Mishra
I am a resident of Hudson Co-operative Society at Vasai,Maharashtra.I was the secretary till the last AGM held on 8th Feb,2015 but my tenure was not completed and the committee appointed a temporary secretary for the unexpired tenure.I had created a temporary gate at the staircase with the permission of my neighbours because of constant thefts and trouble created by the stray dogs in the society.
I was the secretary at that moment. But now when i cease to be the secretary, the new office bearers are sending me notice to remove the gate which I have agreed to remove. But there are lot many houses who have made constructions in their garden flats and many members have tampered with the building construction by lowering down their window panes and extending them forward.
The committee members have come down to harass me for personal grudges .Besides,only the secretary has been changed. The Chairman and Treasurer still remain the same who were previously holding the office with me.They did not object over the construction of gate at that time but now are harassing me by sending letters.I stand with the point First construction, First Demolition. But they aren’t sending letters to those members as they have strong friendship with them.
Besides in the letter they have wrongly blamed that we put personal lock on the terrace gate as well as our temporary gate which hinders their movement. It is untrue. I have my neighbours and other visitors in support of this.
What action can be taken by me against the false allegations and harassment by committee?
I C Naik
The practices going on in your society will not be tolerated much longer. Concerns are being shown by Cooperative Commissioner and Registrar of Cooperative Societies as evidenced in the latest model bye Laws. Look at the following excerpts from this Model.
169 a. All open /common area meant for use of all Members for eg. staircase, steps, landing areas, parking spaces, lift, corridor, and such other spaces, cannot be occupied by any Member for his own use. The use of such areas shall be restricted to the cause for which these are meant.
Any Member found to be violating the above condition by encroachment shall have to vacate the encroachment and further he/she shall pay an amount equal to five times the monthly maintenance charges per month for the period for which he/she has encroached such spaces and further Members must not carry out any constructions, structural changes over and above the sanctioned plan without prior permission of the Society and Concerned Municipal Authorities / Competent Authorities.
Also Members must use the flat /unit for purpose it was meant/sanctioned.
Any Member violating the above directives shall pay an amount equal to five times the monthly maintenance charges, per month with retrospective effect for the period for which such violation is existed.
In order to have a redress you will have to be mentally prepared to abode by the above conditions. After that you can file a complaint with the local authorities i.e. The Municipal Commissioner Vasai-Virar City Municipal Corporation who will be too happy to take steps to remove encroachments which are unauthorised constructions.
