Query of Anand from Navi Mumbai

Our CHS(registered society) is having 7 members and following model bye-laws, This is located in Nerul, Navi Mumbai.

One member claims that he has bought garden space in front of his ground floor flat by paying Rs 20,000/- to the developer for parking/gardening.

A letter on CHS letter-head was issued by then Secretary in Dec.2000, jointly signed in confirmation by the Developer as well,stating that “This is further to the agreement entered between Mr.x  (purchaser) and M/s Y   (developer), the garden space shall remain allowed to and attached with the flat no. 2 being purchased by Mr. x for the purpose of gardening/parking only. A sum of Rs 20000/- has been agreed upon as full and final consideration for the allotment of the garden space (as marked in the agreement) along with the flat no.02”

This member is paying 1/3rd maintenance for this garden area, to society.

Is this legal to hold this open space exclusively by a member when the society is constrained for parking space /open space for common purpose? if not, what recourse will the society have to free this space.?

Shall be grateful to have your guidance & advice.

I C Naik

1. The CHS is following Model Bye Laws. It is necessary to know which one? There are at least 4 Models 1984, 2001, 2009 2014.
2. The CHS of 7 members is registered as an exception as 10 persons are normally required to apply for registration. The Registrar must have given permission and may have imposed conditions.
3. The facts given by you have to be tested with reference to any bye law as this being a matter internal to your CHS specifically, there may be some mention about it in your registered bye Laws. What is in practice must have a support of bye Laws as the CHS must run in accordance with Bye Laws.
4. So one needs to consult  bye-laws to justify or deal with this exceptional situation.
5. The MCS Act 1960 and the MCR 1961 do not help the Committee to deal with such situations.