I am committee member of one Housing Society in Thane. We have total 80 Flats & also 20 commercial Shops at ground floor in our society. In one of the shop, the tenants sleep inside the shop overnight. They keep the shutter fully closed. Further sometimes somebody locks shutter from outside for them, so that people would think that nobody is inside.
This is typical box type shop with no windows & ventilation. As per my knowledge, it is not safe to sleep in the shops. Further this act may fall under “Commercial shop being used for Residential purpose” which may not be permitted.
Even after repeatedly informing to owner verbally & also after issuing notice, the tenants have not stopped sleeping in the shop. We feel that, in case of any unfortunate incidence in his shop, the committee members may be held responsible. Therefore we are looking for what action we can take against this member. I request your advice on following queries.
(a)Do we have an option for expulsion of this member (though it is harsh step)?
(b)Should we approach to local police to take action on this? Or
(c)Should we complain to Registrar?
(d)Can we impose any penalty on this member (if approved in AGM)?
I C Naik
The skill fully crafted scheme of co-operative housing societis has not sunk in to the heads of 99.99% of those who are concerned with housing societies: especially the fact that the person who is a party to a sale agreement executed with the builder/developer has a right to become a member of the concerned housing society subject to all the conditions stipulated under the registered bye-laws of the concerned housing society.
The 99.99% of flay purchasers are kept in te dark as to the fact that they have agreed and undertaken in writing to abide by certain conditions as set out in the bye-laws. (by signing the membership application in the prescribed from under Appendix 3 appended to the registered bye-laws as required under bye-law No. 19B. The applicant agrees to the following:
- I have gone through the proposed*registered Bye-laws of the Society and undertake to abide by the same and any modifications the Registering Authority may make in them.
- I undertake to use the flat for the purpose for which it is purchased by me and that any change of user will be made with the prior approval of the society. An undertaning to that effect in the prescribed form is enclosed herewith.
- The form of undertaking is prescribed in Appendix 4 which has two undertakings:
- I will use the flat allotted to me/proposed to be acquired by me on cessation of membership of the earlier member under the bye-laws of the society for the purpose mentioned in the letter which will be issued under bye-law No. 78(a) of the bye-laws of the society proposed/registered.
- I further give the undertaking that no change of user will be made by us without the previous permission in writing of the Committee of the society.
- So the member having purchased the flat and been made member of the society shall have a right to occupy the flat as provided under registered bye-laws of the society as provided in Bye-law No. 24: The member, who is deemed to have been allotted the flat under the bye-law No. 76(a) of the bye-laws of the society shall have a right to occupy the flat subject to the terms and conditions set out in the letter in the prescribed form under the said bye-law.
- Bye-law No. 76(b) provide “No member of the society shall use that deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee
- Most relevant to your question about breach of an given in writing,(Form 4), is the stern warning at Para 6 in this Letter of Allotment in thesewords:
“Any breach/*breaches of the bye-law/bye-laws of the society, which is /are considered by the Managing Committee of the society of serious nature shall render you liable for expulsion from membership of the society and consequent eviction from the flat.”
As there is an extremely strong potential threat to the life of a member who occupies a non-habitable shop belonging to the society, the Committee must resort to para 6 of the allotment letter and send him the Notice of expulsion because it is serious breach of bye-laws in the opinion of the Committee.
As soon as possible you must request for meeting of the Committee to take a decision to send a Notice of Expulsion. As a member of the Committee it is in your interest you must take quick action.