Recently a fire broke out in our building.
The fire resulted in total burnout of all Cabling in all the flats of the building as well as some cables in the common area like pump, lift as well.
There is a total blackout in all the flats in that building from that date till today i.e. all flats are without power.
Currently the Managing Committee (MC) is demanding as follows:
1) Money from all flat owners for paying it to contractor who will be laying new copper cables from Meter Room to each and every flat.MC called an EGM and took approval it seems for imposing costs on members for replacement of cables.
2) MC is also demanding that every member of the Society pay all their Maintenance dues in order to be eligible for restoration of power. The MC is trying to rake in more money and take advantage of an Emergency situation by putting such conditions.
In respect of point no 1 I have the following question:
- a) Is it proper and legal for MC to impose costs on members when specified funds are available for Repair and Maintenance?
Clause 14(a) of the Model Bye-Laws mentions the Reserve Fund which may be utilized for repairs, maintenance of the Society.
Clause 14(b) of the Model Bye-Laws mentions the Repairs and Maintenance Fund which may be utilized for repairs, maintenance of the Society.
Clause 69 of Model Bye-Laws mentions:
“The following repairs and maintenance of the property of the society shall be carried out by the society at its costs:
(a) (xv) Electric lines up to main switches in the flats.”
Therefore “Electric lines up to main switches in the flats” is to be maintained by the Managing Committee(MC) of the society using the funds meant for the purpose.
Regarding point no 2 I have the following question:
- b) Is it proper and legal for MC to impose costs on members for new cabling and at the same time demand that Maintenance be all cleared for restoration of power?
Taking advantage of the power blackout in all flats of the building MC is forcing members to pay every rupee in dues failing which member has to remain without power, in total darkness.
Previous MC and the present MC have a bad habit of crying saying that Society doesn’t have money for any major project that requires to be implemented.
If any of the above is inappropriate according to you then please let me know.
If Complaint is lodged with Deputy Registrar will it help?
I C Naik
It’s really a bad situation that the fire burnt the cable network. There seems to be a basic flaw in the building structure.
You have quoted certain bye-laws from Model bye-laws. Unfortunately Model bye-laws cannot help as the Society has to go by bye-laws its registered bye laws . If you can lay hands thereon and inform me the Year of the Model bye-laws which were registered and are in force. If a subsequent model is registered the earlier one will not apply.
For understanding the question on Housing Society the State and date of registration is a must. If the registered bye laws are replaced by subsequent model then I need the year of that.
