Dhaval Kulkarni
I am residing in Bangalore in a duplex top floor flat. The flat owners follow the Karnataka Housing Societies Act 1960. It is still not registered under this act. This second hand flat was purchased by me a year back. While purchasing, I had requested the Management committee to grant me permission to make modification to the flat. One of the modifications was about extending the window which was facing the common terrace so that I can convert it to a door and have access to the common terrace.
The Committee gave the permission to do this along with other modifications which I had requested for with the rider that in case the BBMP (the Municipal authority) levies any penalty for deviations due to this opening to the common area, the same shall be borne by me. I have now converted the window opening to door with access to common terrace.
Now after some time, some of the residents are objecting to this and asking us to convert back to the earlier state. There is now a new Managing Committee which is being pressurized to take back the earlier permission. Following are my queries:
Can the new Managing committee take back the permission?
I do not want to convert back to window even if the association is ready to pay for compensation? Will I be forced to do so?
I am now one of the members in the managing committee. Can the general body ask the new management committee to resign due to this?
Some of the members of the General Body feel that this is a Bye-laws violation, however the bye-laws do provide for doing modifications.
Can I file defamation suit against some of the members of the General Body who are spreading false information through chain e-mails?
Your response and help on this is highly solicited.
I C Naik
Your Society is not registered under Karnataka Cooperative Societies Act 1960.
Obviously the Bye Laws are also not registered. It’s an unregistered association of person not obliged to follow any law. Even if a Cooperative Society law is followed it is not binding on a member who does not want to abide by it.
So everyone is free to do whatever he likes to do. So much so the 97th CAA is not binding on you and your society members. Under this situation it is very difficult to hold the view if what you have done is right or wrong. If you go by a majority decision perhaps you will have no problem.
