Mumbai Housing Society Queries: ‘Managing Committee Must Trim Trees Before Monsoon With BMC Permission,’ Says Expert

Mumbai Housing Society Queries: ‘Managing Committee Must Trim Trees Before Monsoon With BMC Permission,’ Says Expert

The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.

FPJ News ServiceUpdated: Monday, June 24, 2024, 11:52 AM IST
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BMC | File pic

Q. There are many trees in my society. Last week a branch fell on my car on a rainy day. The car is damaged with a dent on the roof. The mirror is broken. Can I make the society liable to make good the loss as the same is not going to be covered in my insurance policy?

Grishma Semwal, Mahim

A. The managing committee will be held responsible for not trimming the trees with prior permission of the BMC before the monsoon. As per Bye Law 155, it is the responsibility of the managing committee to upkeep and maintain the society premises and to observe government directives issued from time to time. This includes the trimming and cutting of trees endangering the life and property of the inmates of the society.

As a precautionary measure, the BMC issues notices to the societies to trim the trees before the monsoon. Many people have lost their lives due to the falling of trees during heavy rains. Individual members are not allowed to destroy, damage, deface, or cut the trees in the compound of the society. You may take up this matter with the general body.

The general body can initiate appropriate action against the office-bearers or committee member/s. The loss caused to you may be recovered from the individual members of the committee and not from the society. You can also consider filing a complaint with the advisory complaints committee (if constituted) against the office-bearers and other managing committee member/s for not complying with the directives in this regard. You may choose to include cover for natural calamities in your car insurance policy to avoid such losses in the future.

Q. The erstwhile managing committee was ousted and a new committee was constituted. The members of the erstwhile committee keep interfering with the work of the new managing committee by raising unnecessary issues, instigating and creating confusion among other members of the society. How can we stop the interference of such members?

Satyendra Savarde, Nahur

A. It looks like the members of the erstwhile managing committee have some grudges against the newly appointed committee. Your managing committee shall strictly follow the rules and shall ensure that such members are not given an opportunity to complain or raise issues. As regards instigating other members, the managing committee may call such member/s and understand the root cause of the grudges and try to resolve them. In case the member still continues to do so, the managing committee may send a warning letter to such member/s and subsequently take the matter before the general body for further action.

The matter may also be escalated to the advisory complaints committee set up for the purpose. You may also try to settle the matter through mediation via MGP’s conciliation and mediation centre SAMET. Please visit mgpsamet.org for further information.

Q. What are the rules regarding parking in open space, garage and covered area or purchasing a new house?

Rangnathan Iyer, Chembur

A. Parking is one of the issues of dispute with the developer and the society. In order to clarify the issues relating to parking, MahaRERA has issued directives vide Circular 36/2021 dated July 30, 2021. As per the directives, open parking areas are provided to the developers free of FSI. As such they are not entitled to sell or allot open parking areas for monetary consideration. The developer has to hand over the open parking slots to the society as and when formed. It is the prerogative of the society to decide on the open parking slots. Covered parking can be sold or allotted by the developers.

Open parking areas, garage and covered parking space are required to be specifically marked and numbered at the real estate project site in accordance and as per approved / sanctioned plans and tagged to the apartment to which it is allotted. Garage and / or covered parking space when sold/allotted for monetary consideration, the type, numbers, and size as well as the place where such garage or covered parking space is situated is required to be mentioned in the agreement for sale to be entered into with the home buyer.

The plan showing the exact location/allotment along with the particulars as aforesaid should be annexed to the agreement for sale. The details of open and covered parking and garages, if any, have to be mentioned on the MahaRERA website by the developers of all registered real estate projects.

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

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