Chandansingh Patwal
I seek an opinion on a Major Repair fund being collected by our Housing Society including “Plastering of Parking Ceiling owned by few flat owners”.
In my society of 56 Flats in Mira Road (Mira-Bhayandar City, State -Maharashtra) and registered 2005-2006, we have 19 stilt parking’s sold by builder to 16 flat owners prior to Supreme court judgement about parking rules. As such they seem to be illegal since none of them are registered.
However, the Society has written the flat owners “flat nos” in all the parking lots and are charging some nominal amount per vehicle parked by “parking owners” under them. Charges are not towards repairing, but the electricity for illuminating the stilt parking and society water used for washing the
cars/bikes by owners.Parking charges are only Rs. 25/-PM for 4 wheeler and Rs. 15/- PM for
2 wheelers.
The Beam and Column needed structural repairs from long time and few months back the parking’s ceiling plaster collapsed and needed repairs.
In the Annual General Body Meeting, Society office holders who are also parking owners, have mislead us by clubbing Beam/column repairs with their parking ceiling cost and passed resolution for all flat
owners to contribute to the total cost (including parking ceiling).
Minutes of the meetings are circulated and the resolution states, “structural plastering works” and Rs. 12,000/- to be paid by all flat owners.
No Quotations are called for this repair neither the resolution mentions what all is going to be covered in this repair.
Some of us have protested later for covering parking ceiling repair (including those who attended this meeting not suspecting about this personal benefit scheme of vested interest) and hence, have not paid
the money.
However, in the immediate next meeting to our objection letter, parking owners shamelessly argued and were adamant that every flat owner should borne the repair for parking ceiling as well.
The meeting did not result to any solution nor did office bearers did anything to resolve this issue and neither minutes were circulated.
Q1 – Is Society right in asking non-parking owners to contribute to the parking ceiling repair expenses from this fund ?
Q2 – What remedy do we have against the parking repair cost being dumped (through unclear resolution and minutes) on us for their personal parking’s ceiling ?.
Q3 – Is this resolution legal since, it seems that no quotations are called for and general amount is being asked to be paid ?.
Q4 – Your suggestion in this regard if my questions are non-relevant.
I C Naik
Chandansingh Patwal Member of CHS (Rgd. 2005-06) Mira Road (Mira-Bhayandar City, State -Maharashtra) has 3 questions on Major Repairs.
Q1 & 2 :
There are Ceilings in every flat and also in every Stilt Parking. Like wise there is a floor in every flat and in every Stilt. Buildings having no Stilt parking would have flats on the Ground Floor. Stilt Parking space is sold by builder to flat owners which work out to less than 35% of the Membership strength 56/19=30%). Without going further how 30% is bullying 70%. ?
If the 70% unite and amend the bye laws (Possibly 2001 Model) to declare stilt parking to be in the ownership of the CHS and that the Contact between Builder and Flat purchasers are not recognized by the CHS that amendment will not be objected by the Registrar as it is in line with Supreme Court Order.
Even for making 19 people bear Parking Ceiling Repair costs you people have to put up a fight as you are right. But get in to bigger fight and things will fall in place.
Q3 Sealed Tenders for major repairs have to be submitted to the General Body for scrutiny unless the General Body has fixed a Ce ling such that Major Repair costs is lower than the ceiling so fixed.
Your Committee is grossly ignorant of bye Laws which is not new but apathy of the majority is responsible for that.
