Mumbai Housing Society Queries: 'Society Cannot Restrict Use Of Personal Terrace,' Says Expert

Mumbai Housing Society Queries: 'Society Cannot Restrict Use Of Personal Terrace,' Says Expert

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

FPJ News ServiceUpdated: Monday, February 26, 2024, 09:31 AM IST
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I like gardening and have purchased a terrace flat, which has a separate entrance from my house. I have many plants on my personal terrace. The society has passed a resolution that no plants should be allowed in windows grills, lobby, staircase and terrace. Even hanging plants are not permitted as it will spoil the paint. The society further decided to levy a fine of Rs5,000 in case of any violation.

Divya Page, Bhandup

The society cannot restrict the use of your personal terrace. It can only govern the usage of the common areas, including the common terrace. However, the society’s concern is valid to a certain extent as the water dripping from the plants does spoil the paint and may also weaken the structure. You may take precautions to ensure the exterior wall and paint of the building are not spoilt. Watering the plants should not cause any nuisance to the residents staying in the flat below your terrace; else you may have to deal with complaints like leakage, etc.

A member has not paid dues amounting to Rs3 lakh. Our society has sent reminders. Please tell how we can recover the money.

Sanjay Pathak, Sion

A member will qualify as a defaulter if s/he fails to pay dues within three months from the date of service of bill or notice or due date of payment, whichever is later. I hope that your society has given due notice to the defaulting member and subsequently classified him / her as a defaulter, and that the general body has decided to proceed legally to recover the dues.

Section 154B-29 of the MCS Act provides for the recovery of sums and arrears due to housing societies. For recovery of dues, your society has to make an application to the registrar along with supporting statements of accounts and relevant documents in respect of arrears. The registrar may after making enquiries grant certificate for the recovery of the amount. Such certificate shall be final and conclusive proof of the arrears stated therein, which shall be recovered as the arrears of land revenue. The collector and the registrar shall take necessary precautionary measures in accordance with the provisions of the Maharashtra Land Revenue Code, 1966.

In case your society fails to initiate such action, the registrar on his own can initiate the enquiries and issue a recovery certificate, which will be deemed to be issued as if on the application made by the society.

My mother has sold her house and signed the sale deed. However, she is unable to visit the office of sub-registrar due to her medical condition. How can the document be registered in such a case?

Radhkrishnan Pillai, Nerul

Registration of the sale deed of a flat is mandatory as per Section 17 the Registration Act, 1908. In case your mother is unable to visit the office of sub-registrar, she or her authorised representative can make an application stating the difficulty and seek home visit. Such an application may be supported by the medical certificate. The sub-registrar is bound to visit your mother.

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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