Dear Sir,
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
Every member is required to submit a copy of the Agreement as per following Clause in bye Laws 19(A)(vi):
“he has sent, along with the application for membership of the society, a certified copy of the agreement,(duly stamped) entered in to by him with the Promoter (Builder) under section 4 of the Ownership Flats Act. Or transferor under Section 4 of the Ownership Flats Act”
Pass a resolution in the Committee asking the Secretary to call for a copy of a registered document of title for the garden from the Member concerned.