1. Yes
2. If the loan was specifically assigned for said work then yes.
3. Yes
4. Only if society proves the same illegal and it didn't encourage it.
5. Dy registrar kalyan
6. He needs to complain to dy registrar or cooperative court
Responsibility of present flat occupier for converting cantilever balcony to kitchen
I am the Secretary of a registered Cooperative Housing Society in Kalyan, Thane District, Maharashtra. Our Building consists of Ground + 4 Floors. One of our members had purchased a Flat on the 1st Floor of our Building in 2003. The previous owner of this Flat had converted the Cantilever Balcony ( Outer side of the Balcony with no support from below the Ground Floor ) to a KITCHEN. The layout of the Flat was changed from Balcony to KITCHEN. The present owner had also done some renovation in the Flat. Society never gave any written permission to the Previous owner nor the Present owner to convert the Balcony to Kitchen. Now due to the load of the kitchen, the Balcony has developed a huge crack from Top to Bottom on the outside of the Balcony Wall. Society did the repairing by putting 2 pillars below the Balcony and filling the crack from outside. This was necessary because if the 1st Floor Balcony comes down, it would take along with it the other 3 Floors upstairs. The cost of repairing has come to Rs.25,000. A resolution was passed in Special General Meeting ( SGM ) that Society would bear Rs.10,000 and the Balance Rs.15,000 would be borne by the member. ( 1 ) Can the Society put the responsibility of converting the Cantilever Balcony to Kitchen on the present owner ? ( 2 ) During the time of purchase of the Flat by this member, Society had issued NOC to him stating that the previous owner does not have any maintenance due and paid the Transfer Premium. Does this in any way authorize the conversion of Balcony to Kitchen ? ( 2 ) Society had given twice NOC for Mortgage Loan to this member. Does this in any way authorize the conversion of Balcony to Kitchen ? ( 3 ) Society has given notice to the member asking him to pay Rs.15,000 by July 2022 ( 1 year ). Can the Society issue notice to this member ? ( 4 ) If the member does not make the payment by July 2022, can the Society recover the money by giving application u/s 101 to Deputy Registrar of Cooperative Societies, Kalyan ? ( 5 ) In whose jurisdiction does this matter fall. Kalyan Dombivli Municipal Corporation ( KDMC ), Thane District Federation of Society, Deputy Registrar of Societies Kalyan, or any other body. ( 6 ) Can the member file a suit against Society for asking him to pay Rs.15,000 as decided in the SGM ? Thanks and regards.
Asked 3 years ago in Property Law
Religion: Christian
14 Answers
1) responsibility was of previous owner
2) present owner has not done conversion
3) it does not authorise conversion of balcony to kitchen
4) society cannot claim Rs 15 K from current owner
5) member can go t cooperative court and challenge demand of Rs 15 k
A lay out cannot be legally changed kitchen from balcony for one flat. In a building all layout are uniform. And when any construction is likely of cause any damage to the structure it has to be demolished. Under Section 64 (2A) of BMC Act the Corporation is entitled to demolish that structure that may lead to any accident. Under Section 391 (1), the Municipal Commissioner will give notice to the owner and get it demolished. It has to brought the notice of Corporation.
- The construction is illegal and dangerous, no such permission can be given by society and even if it is given it invalid.
- Any conversion against lay out is invalid, any sanction given by society for such conversion is illegal being contrary to BMC Act.
- Permission for mortgage cannot regularize illegal construction.
- Society has full authority to get the construction demolished at the cost of owner.
- Society can recover cost of demolition by file a complaint to Deputy Registrar.
- You need to approach KDMC. Rule as to dangerous construction are there in every Municipal Corporation Act.
- Doors of court are open to all. He can approach any Court but will not get any relief.
1. Yes. the present owner is deemed to have knowledge about the original layout which was modified without permission by the previous owner. so the present owner cannot wriggle out
2. NO
3. NO
4. Yes
5. yes definitely
6. the society can write a complaint to the KDMC against the owner for making unauthorised changes. However the issue regarding payment of costs will be decided by the Dy.Registrar of co-operative societies
7. he can if he is so ill advised but he will fail. Any dispute between member and society can only be tried by the Co-operative Court and not by the regular civil courts. If the member owner files a case against society, then the society in that same suit can file its counter claim against the member
1. The society should have taken action against the owner/member for this deviated structure which is against the approved plan, especially for having not taken permission from the association and also for not providing the assessment report duly certified by a structural engineer or a civil engineer towards the safety of the same and against the harm or damage it may render to other floors etc.
After that the association should have approved the request through a resolution in a special or general meeting allowing the request with the restrictive clause and about sharing the expenses also in such event which has occurred now.
Even now you can decide about it in a meeting by a resolution passed by majority members because it will become a precedence to others who may also start such illegal constructions, if this is not checked as per law.
2. Both are different subjects, hence you can very well proceed as per law to handle this subject appropriately.
3. The society should have taken this step after a meeting with the office bearers of the society committee.
4. Society can directly take action to recover the same through court of law instead of approaching the dy. registrar as per the bylaws.
5. You can enquire about the jurisdictions locally.
6. What action the member may take cannot be predicted, if does so, you may handle it legally.
Dear Sir
Any such conversion of the balcony to kitchen is illegal and even if the society has consented to it, the consent would be considered invalid.
It is best that the apartment is reverted to how it was as per the approved and completion plans at the Kalyan Dombivali Municipal Corporation.
Flat owners have the right to make minor renovations within their apartments, but not of the nature that is compromises on the structural integrity of the building.
Although the renovation may be the fault of the previous owner, the present owner cannot escape responsibility for it.
You can definitely retrieve the Rs. 15,000 from this flat owner through a legal suit.
However since you are all living in the same building, it would be more advisable to settle the matter amicably outside of court, rather than beginning a long-drawn legal battle than can bring a hostile atmosphere to the building as a whole.
Thank you
1. If the said repair was done in the presence of first owner , the the present owner is not accountable for the said charges, specially when the society has been issued NOC for selling the property
2. Present owner can deny for the charges as per rule
3. No,
4. If the said conversion and repairing was carried with the property knowledge of the current owner then society can issue notice for recovery to the present owner. otherwise no.
5. AGM cannot force to pay the charges which is not common for all.
Well everyone is responsible equally.
Nobody can deny their role and information.
previous buyer did it.
Society knew changes and not stopped it.
Second buyer knew exact dimensions of first sale deed and additional changes.
Ultimately it is new buyer who is enjoying it so he should pay full money for it.
Court is open for all and then court only can decide that who all have to pay in this situation.
The problem which the Society is facing now is because of the inaction of the PREVIOUS Managing Committee to stop the conversion of Balcony to KITCHEN by the PREVIOUS owner. The Committee should have sent the notice to the previous owner asking him to stop the conversion of Balcony to KITCHEN. Failure to do this has created the problem today. Our Committee has already completed 2.5 years and after 2.5 years a new Managing Committee will be formed. No post of the Society is permanent. Can the present Committee take action to rectify the mistake of the PREVIOUS Committee ? In order that the future Committee does not face further problems regarding this conversion, Can the Society issue notice asking the present owner to revert back to its original layout of the Flat ?. Can the Society ask the present owner to change the Kitchen from the Balcony to its original place in the layout of the Kitchen ? Once the structure of the Building is damaged from outside, there would be a constant need of repairing. If no action is taken today Society will keep on bearing the cost of repairs for wrong doings of the PREVIOUS OWNER. Thanks and regards.
Asked 3 years ago
You can issue notice to present owner to change the kitchen to balcony asper the original plans
if no action is taken complain to muncipal corporation against owner for unauthorised alterations in flat
There is no restriction under the law that the inaction of the previous Committee cannot be rectified by the current committee
The other questions are repetitive and already answered
The committee which is governing now has full powers and rights to initiate action that is warranted as per law and the bylaws of the society in this regard to stop such illegal constructions.
The society should not hesitate anymore and should not be afraid of the status of the member, let him be powerful or influential, the society is a body, which can very well take action to protect the interests of the society and its members as per the prescribed law.
- Yes, the present committee can rectify the mistakes done by previous one after following its rule.
- Further , the society can also impose fines for the violation of rules of the society .
Dear Sir
Indeed, the present committee can take action to rectify the mistakes of the previous committee.
Seeing this is a serious issue, the present committee can send a legal notice to this resident and if he does not take action, a complaint can be filed with the KDMC.
Thank you
Dear sir,
The present committee can rectify the mistakes done by previous and also if deems fit may impose fine for the violation.
Thank you
Yes present committee can do it if the same is illegal as per the regulations and approved plan