Can a Co-op. housing Society resolve in its annual G. B. meeting to charge a fine to any member/associate member if he has kept wooden doors or frames in his own stilt garage which was removed from his flat while renovating it?
Question asked by Mr. Bharat Pradeep Sathe from Mumbai, India:
I am an Associate Member and holding 50% shares of the flat in a Co-op. Housing Society situated in Mumbai by way of nomiation filed by my deceased mother. The Member is my elder brother and he does not reside in the flat since 1983 and I reside in the flat since 1977 with my family. Our parents purchased a Stilt Parking Space from the builder at the time of purchasing the flat itself. I have very recently carried out the renovation work of the flat when some wooden material like doors and door frames were removed and kept in our own stilt garage around in June 2010 where currently we do not park any vehicle. One of the members has taken objection to it and the Society had passed a resolution in its AGM held on Aug 6, 2010 and asked me to remove the material from our stilt garage within 7 days and notified me that I’ll be charged Rs. 100/- fine/penalty every day if I do not remove it within the stipulated period. There are other stilt parking places (garages) some of which are given to others for commercial uses like classes, offices etc. on rental basis and there are two more closed garages in the society building where most of the times the garage owners park the vehicles which do not belong to them and they also use to keep the housing waste material in their garages since long back but the society did not take any serious action against them which is an injustice to me. Kindly assist me to find a lawful way to protect my right of keeping the material in the stilt parking space owned by us ASAP.
Thanks
Bharat Pradeep Sathe
Vatsala Answers:
You are advised to contact a local lawyer who can send a notice to the society after studying the merits of the case.
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