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
- The CHS is following Model Bye Laws. It is necessary to know which one? There are at least 4 Models 1984, 2001, 2009 2014.
- 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.
- 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.
- So one needs to consult bye-laws to justify or deal with this exceptional situation.
- The MCS Act 1960 and the MCR 1961 do not help the Committee to deal with such situations.
