Just a brief background before i come to the query(ies)
Based out of Mumbai ( Dahisar Area) our society has two adjoining flats purchased on two names ( husband n wife).
In the garb of “repairs” the two flats have been conjoined by breaking ( please note its not that a door is made) but actually the entire “common wall”has been brought down.
Additionally there are some changes also done, listed below.
Brick walls at certain places have been brought down and have been replaced with “kadappa” so as to get more carpet area for the room.
kitchen in one of the earlier flats have been replaced with dinning halls
kitchen entrance has been shifted to a different wall ( in the sense existing entrance has been closed and a new opening in another wall is carried out)
Bathroom entrance has been shifted to a different wall ( in the sense existing entrance has been closed and a new opening in another wall is carried out)
NOW ALL THESE HAVE BEEN DONE WITHOUT ANY PERMISSION FROM THE SOCIETY OR FROM THE BMC AUTHORITIES.
The society has been regularly sharing correspondence on the above asking them to submit the BMC approval and as of today there is no documents that they have shared with the society office.
The MC members also asked them to submit the letter that the flat owners had tabled to the BMC for the sanction which too they have not been able to produce.
My queries
> Under the BMC ACT 342 the two flat owners had to seek permission for ‘amalgamation”: of the flats which they have not done…..and wen ahead and carried out the same……what is the recourse.
> in the meantime can the society levy charges ( shall pass in the AGM ) asking for the two flat onwers to pay a sum of Rs.10,000/- each until the reqiusite permission from the BMC is sought as the society members constitute the supreme body in the a housing society. If teh society levies this, does it then imply that the society has “by default” given their go ahead for their act and the matter now rests on them getting the permission from the BMC.
> Is there any other suggestion/advise on how to proceed ahead.
I C Naik
The Committee should pass a resolution authorising the Secretary to send show cause Notice listing there in all such unilateral actions as to why the member should not be expelled from the Society. Add that a special G B M will be convened if no rely/unsatisfactory reply is received with in 15 days.