Mumbai Housing Society Queries: ‘Obstructions In Parking Area Have To Be Dealt With Strictly,’ Says Expert | File Pic (Representative Image)
Q. What recourse do the residents and the managing committee have in a situation where an unused car, in a bad condition, is parked for years, creating a hindrance to the stilt area maintenance and painting. The stilt parking area has also become a home for rats and snakes. Can the management committee ask the member concerned to remove the car immediately at his cost for maintenance and painting of the stilt parking area? Soham Ikape, Goregaon A.
It is the duty of the managing committee to upkeep, maintain, and repair the entire society premises, including the common areas. Parking is one such common area that needs to be maintained and kept clean at all times to avoid any unforeseen instances. Hence, any obstruction therein has to be dealt with strictly by the committee. If the car is not removed for years from the parking lot, it is obvious that the rats, snakes, and other rodents will find a dwelling place under it. Rats damaging the car wires is a common problem faced by housing societies.
Members and their families are at risk of snakebite and other infections. Keeping the stilt area clean and rodent-free is the responsibility of the managing committee, with members expected to cooperate. If a car is in poor condition, the owner may be asked to tow it at their own expense to allow maintenance and painting work. These measures should be included in the parking policy approved by the general body. Members may face penalties for violations.
Q. Is commercial activity allowed in a residentialonly housing complex or society if it poses a security risk, disturbs peace and tranquillity, causes commotion, increases wear and tear of society assets like lifts, and encourages other members to also engage in commercial activity? What recourse does the managing committee or other members have in such situations? Anil Sampat, Kalwa A.
Commercial activity is generally not permitted in a residential-only society, more so if such activity is a security threat and causes unrest in the society. Bye-law 75 (e) specifically provides that no member shall use the flat allotted to him for a purpose other than that mentioned in the allotment letter unless the prior consent of the managing committee is obtained.
The owners and occupiers are required to use the flat for the purpose (residential or commercial) for which it has been sanctioned by the local authority. Please note that the managing committee has to ensure the safety of the members and their families. The committee is responsible for maintaining the society premises, including lifts and common areas, which may be affected by commercial activities in residential flats. Members must ensure their actions do not cause nuisance or inconvenience to others.
The committee can initiate action suo moto or upon receiving a complaint from any of the members to take steps to stop all such practices causing security issues and commotion in the society. (Bye Laws 48).
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to [email protected]
