In my society, a member is parking a relative’s car in the parking space allotted to him while his own car is parked on the road. Is this allowed?
–Amir Patel, Airoli
The 2014 Bylaw 78 requires a society to frame a policy for parking with the approval of the general body. Bylaw 80 provides that the vehicle may be owned by the member or it may be provided to him by his employer or the firm in which he is a partner or a company of which he is a director. Society shall not allow any other vehicle to be parked in its premises. You need to check the parking policy of your society to understand the rule with regard to visitor parking. Generally societies obtain a copy of the RC book of the vehicle to ensure compliance with the aforesaid bylaw. The society can raise objection to the member parking his relative’s vehicle in the parking slot allotted to him and also levy penal charges provided it is approved by your general body.
We are a society with 36 members. Out of this, six are against giving a redevelopment contract to a particular builder and threatening to get a stay from the court. What is the remedy for us?
–Rajesh Subramaniam, Mulund
The decision to select a developer is taken at a general body meeting. Consent of 50% of the members is required to proceed with the redevelopment. In case six members are objecting, the society shall take into consideration the grounds on which the objection is raised. Their genuine doubts can be cleared by the developer. The dissenting members will refuse to give consent when meeting is held in the presence of the deputy registrar as per the procedure laid down in Section 79A of the MCS Act. Such members can also challenge the decision in court and delay the redevelopment. It is advisable to settle the issue amicably. You may approach SAMET Conciliation and Mediation Forum of the Mumbai Grahak Panchayat or any other forum for alternate dispute resolution.
Can a society impose penalty for spitting, etc? Does it have the authority?
–Srirang Bajale, Goregaon
Spitting in public places is an unsanitary habit causing deceases and annoyance to passers-by. Though the society premises cannot be considered a public place in the true sense, it is an area of common use for people residing in the society. It is the duty of the managing committee to upkeep and maintain the society, while members and other residents arerequired to cooperate in keeping the building clean. Though there is no specific provision in the bylaws regarding this issue, your society can frame such a rule for upkeep and maintenance of the society premises providing for penalty to the offenders with the approval of the general body.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
