'Two members refuse to pay for maintenance'

03 May,2010 07:47 AM IST |   |  Vinod Sampat

All your issues regarding housing societies -- your neighbour creating unnecessary trouble in society decisions, or your problems with the secretary -- answered by our expert


All your issues regarding housing u00a0societies -- your neighbour creating unnecessary trouble in society decisions, or your problems with the secretary -- answered by u00a0our expert

My car was stolen when it was parked outside the building premises. I have requested them to provide a parking space so that my car remains safe. But they keep refusing me. Please guide me.
Mahesh Ahuja, Cuffe Parade
Allotment of parking spaces has to be done by the society on first come, first serve basis. If your bona fide submission is not accepted by the society you can approach the consumer forum for deficiency of service. You can also make the managing committee members a party to the proceedings. Alternatively, you can approach the co-operative court to redress your grievances.

Two members are refusing to accept the decision of paying maintenance charges according to per square feet. What shall we do?
S Narayan, Goregaon

The basis as to how members should contribute is clearly laid down in bye-law 69. Certain expenses like lift charges have to contributed equally by the members irrespective of the fact if they use the said services or not. Expenses like major repairs have to be paid on per sq ft basis. Societies have to recover the charges as per the bye-laws adopted by the society. The society can recover the amount on the basis of the resolutions passed by the society at its general body meetings.

Our building is on the verge of installing a mobile micro tower. However, four residents are not giving their approval for the tower. Can we go ahead even though we do not have the clear mandate?
Joseph Godinho, via e-mail

Decisions are taken by a co-operative society on the basis of resolutions passed by the society at its meetings. By and large decisions having a major impact are taken at the general body meetings. If your society has passed a resolution by majority at its general body meeting to install a mobile tower, the same would be a binding resolution on the members of your society.

Advocate Vinod Sampat is President, Co-operative Societies Residents Users and Welfare Association

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