Your Housing Problems & Solutions
Parking Rights
Noise Pollution
Q: The new by-Laws no. 81 mandates that in case available parking spaces in the society are less than the number of cars to be parked, allotment should be done on an annual basis in concurrence with the general body regulations. The Managing Committee (MC) of our society wants to follow Bye-Laws no. 81 and wishes to scrap the old unfair parking reservations but in all probability, it will not get the required majority to pass the resolution. What options are available for the Managing Committee in such a situation? I presume that your Society has already adopted new by-laws 2014. Without adoption of new by-laws, it is not possible to apply by-law No. 81, for fair allotment of Parking Slots, when vehicles are more than available Parking Slots.
It is not necessary to call for any general or special body meeting of your Society, to allot parking slots, under by-law No. 81. When new by-laws are adopted, then these by-laws are to be followed by all the members of the Society. By following serial number of flats, or by taking lottery and allotting parking slots by flat numbers, as per lottery serial numbers, all members are to be allotted parking space on yearly basis by Managing Committee only (not by referring it to the General Body Meeting). Such allotment is to be informed to all the members of the Society, since, in this case you will allot two visitor's parking, which may be used for casual parking by any members, and each member will know who will park in which parking slot.
If some members do not obey, then Society will give notice to such violators, stating that Society will inform Police that members have violated the Society's rules and such member's car will be towed by the Police for trespassing. After waiting till the end of the notice period, Society can file a complaint against such member/s, as trespassers to the Police, to tow the car out to the Police Station.
Q: Committee members in our Society brought Dhol-Tasha to be used during festivals. They have been practicing inside the Society daily between 6pm to 10pm, just opposite my flat. This noise pollution is really disturbing me and
my family,and several other members. I wanted to know if legally it is allowed to beat drum (Dhol-tasha) inside the Society premises? And whether CHS law allows such disturbance in the name of festival activities? . A: Practicing of beating of drums and musical instruments in Society's premises, causing sound pollution is a nuisance to the members and definitely objectionable to the working of the Society. In this respect, you write a complaint to the Society under by-law No. 172, asking the Society to stop drum beating and playing of musical instruments practice inside your Society's premises, just below your flat. Tell the Society, that you will take up the matter with Police, under by-law No.174 (E)(iii), if noise pollution is not stopped within 3 to 4 days. After waiting for 3 to 4 days, you make a written complaint to your local Police Station for sound pollution, against the Society. If Police do not take any action, within 3 to 4 days of your complaint, then on Saturday, 9am to 10am, visit same Police Station with copy of your complaint, where an Assistant Commissioner of Police will be attending your complaint.
Marriage Bureau
Q: I have ground floor flat in a CHS. After my retirement, I have started marriage bureau for social cause. Some Society members have sent me a notice to close this. Kindly advice how to deal with this issue. A: Kindly write to your Society to continue your Marriage Bureau in your Ground Floor flat, which will not cause any disturbance of peace in your Society's premises, under Bye-law No. 172. Within 15 days of your letter, if no reply is received or permission is refused in writing, then make complaint against Information on mortgage Q: Where can I get information about whether particular premises in building is mortgaged or not? A: Any financial institution, before mortgaging the property from a CHS, informs the Society, to put lien on the flat, in CHS's record of said flat that it has mortgaged. Thus, CHS, where such flat is located, is the authentic source to get you the information as to whether there is mortgage on the flat. Sometimes, some financial institutes lend without putting lien on the property in CHS's records, but by taking original sale deed of the flat as surety to lend the loan to the flat owner. In that case, ask the seller of the flat, to show you the original sale deed of his flat. If he has not, then it is with financial institution. In that case, you note down the registration number of the sale deed, and make an enquiry with the SubRegistrar of Assurances, whether any financial institute has registered mortgage deed against the registration number of said sale deed of the flat. If nothing is shown, then title of the flat that you intend to buy is clear. Still, it is prudent to ask concerned CHS, whether any financial institution has asked CHS not to allow owner of the flat to sell it, as owner has put lien on the flat to avail loan. Also, ask owner of the flat to show you the original sale deed of his flat. If flat is under mortgage, then original sale deed is with financial institute. This is the only way to know, whether there is mortgage on the flat that you intend to buy. the Society to your Deputy Registrar, under Bye-law No. 174(A)(xxii). Answers Provided by Experts of Moneylife Foundation