Nitin Sav
Hello sir,
My name is Nitin Sav. I live in registered society. I have kept my shoe rack outside my flat but the society members are asking me not to keep the shoe rack outside. Are so legally correct to say so?
I C Naik
You have encroached upon common area which belongs to the Society. It could be valid only if the General Body passes a resolution permitting members to keep the shoe rack outside the flat. Presently you are committing breach of Bye Law 50 (a) Model 2009 approved for CHS in Maharashtra.
Sir please tell me that can we attach shoerack outside the wall of our flat which is 1ft above the passage? And the wall belongs to us only..
If the recordings of general meet in which Shoe rack resolution was passed is missing on the voting done for Shoe rack removal & also if the counting, of no:of members, who went with resolution to remove shoe rack (in lobby area) & the ones who didn’t raise hand, is not done .Should this resolution not be made void as undemocratic means are followed. Total count of people to & ones against resolution should be taken & reported in MOM of general body only then its proper else the voting is dubious. Whats you opinion
sanat
Dispute on Resolutions of GBM or MC are to be referred to Cooperative Court under Bye Law Number 175(B)(a) of Model Bye Laws 2009. Look up the concerned Society’s Bye law for a similar provision. Even if Bye laws are silent this route is available to find solution.. .