I live in Mira Road in thane district of Maharashtra state. I want to install solar water heater/solar energy panel on our society terrace for my personal use. I have heard that new bye law model of Maharashtra section 171 state that if any member apply for such solar installation than society is binding for giving the space for that member. Or can society refuse it. And if allows can society charge rent for such space.
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1) bye law 171 of model bye laws permit installation of solar panels in sociewty terrace
2) you have to make application to socuety in writing that you may be permitted to use terrace for generation of solar power
3) in such case society has to permit you to install solar parenl depending upon space availability
4) it is binding upon society to grant permission for generation of solar power on society terrace
5) society can levy you charges for usage of such space as decided by AGM
1. The bye laws of the society can not override the law of the land.
2. SO if the statute gives you any right to install solar panels then society can not refuse to set up the same provided your installation does not encroach upon area of other flat owners.
3. So put a proposal to the society and see how they react on this.Thereafter future line of action can be advised.
Among the string of additions in the new model bylaws for cooperative societies is Bylaw No 171, laying the guidelines to allow temporary use of the terrace or available open space of the society's building by any member for any function, generation of solar power, placement of tanks, pipelines, batteries and cabling works within societies.
Providing the much needed legitimate diversion from Bylaw No 170 that prohibited members from using common areas; under the new amended bylaws, the managing committee may allow the temporary use of the terrace or available open space of the society's building by any member on his written application for any function, subject to such restrictions and on payment of such charges to the society as the meeting of the general body of the society may decide.
Sir it's regarding my question of solar water heater to be install on society terrace. I got the message by ur's answer that society is binding to give the space. But sir what the use of putting solar water heater on terrace if society levy charges. It is to save money and energy, if society levy charges than I shall opt for geyser and pay electricity bills instead. To install solar water heater it will cost me around 30K-40K, and spending so much money I have to pay the society lieved charges, than no one go for it. Than what the use of government promoting and subsiding solar water heater/ solar panels.
The charges to be imposed by society cannot be arbitrary and unreasonable
2) it has to be decided in AGM after deliberations among members
You cannot agitate the government's policy or the society's bye laws.
These are not framed for you alone nor it is charged on any particular individual.
It is common for all, if you dont like it or do not want to pay the levy to society, then you can you can decide about your own designs and plans on this subject.
If you still have grievances then you may make representation to the society, which may or may not be entertained.
You cannot force the authority to act on your desire or accept your demand, the laws are common for all and all are obliged to follow the rules / law.