progress

We Run Societies

Illegal encroachment in lobbies of housing society. What action cab be taken?


19 October 2014 Prashant Deshmukh, Pune

Our society is 3 years old. The builder has handed over to Society but deemed conveyance is not completed.

Some members have done encroachment in lobbies. Can the management committee take action against them under which section of by law.

thanks

Advice from society consultant


Add comment


Post

Comments (25)


  1. Societyhive support
    19 October 2014

    Dear Prashant,

    Firstly we have to understand that all open common space is society property. Here is what you can do:

    First send a letter to bring on record the encroachment. Ask them to remove the same by a date. If they fail to comply, pass resolution to fine them and send copy to registrar cooperative of your area.

    Answer
  2. Prashant Deshmukh
    20 October 2014

    Thaks for your Reply,

    But some members who are in MC and involved in act of encrochment are taking excuse of conyence deed since deed is not in place can not charge fine "

    Can you please provide perticular bylaw or ruling of court?
    Thanks in advance.

  3. Societyhive support
    21 October 2014

    Sir,

    By that excuse, others can also encroach where possible till the conveyance deed is done! This is an illegal act irrespective of conveyance deed done or not.

    Please be aware that every opinion is not only based on bye laws but rulings case laws and notifications.

    If a co-operative housing society is not taking action against unauthorized construction or encroachment - you can lodge complaint with your city's municipal corporation for unauthorized construction. (example: for Mumbai it's Bombay Municipal Corporation (BMC)).

    Since the managing committee is involved, you can also complaint to the cooperative deputy registrar who can then direct the society accordingly or appoint an officer to address the issue.

    You should take all documentary evidence along with you while complaining. i.e. the written complaint and responses you may have along with photographs.

  4. jitender sharma
    24 March 2015

    i have a plot in coopretive housing building society mahendergarh haryana .i want to register my convenyance deed but presedent and secretary are not ready for this.what action can be taken against them.

  5. jitender sharma
    24 March 2015

    i have a plot in coopretive housing building society mahendergarh haryana .i want to register my convenyance deed but presedent and secretary are not ready for this.what action can be taken against them.

  6. jitender sharma
    24 March 2015

    i have a plot in coopretive housing building society mahendergarh haryana .i want to register my convenyance deed but presedent and secretary are not ready for this.what action can be taken against them.

  7. Govindan Nair
    01 October 2015

    In our housing society, few members extended carpet area by demolishing brick works. My understanding is that structure is not mere RCC frame but includes brick works too and demolition will weaken structure regardless in ground or upper floors. Who is authority competent to consider the encroachment?. Hope you reply. Thanks

  8. chetan vasudeva
    24 November 2015

    Hello sir
    in my society demolition squad came and they even demolished the society gym and the ornamental things like the stage,fountain and now they are sayin they will demolish the society office as well.they were been told to demolish The illeagl encrochments made by the members who live on the ground floor .but now mc official are sayin that they will demolish the balconys of first floor members those who have covered it with wodden or steel Window.plzzz tell me what shall we do

  9. Meenaxee
    05 May 2016

    We are a section 8 , NonProfit Company working PAN INDIA. We take up issues related to Housing Societies . We are located at Thane .Anyone interested can contact us.

  10. Kishor Yadav
    26 September 2016

    1. Can you give us written complaint letter format to send society managing committee.
    2. Other than complaint letter and photos what other evidence required.
    3. we don't know whom to write letter in BMC.

  11. Meenaxee
    28 September 2016

    We can guide you for the issues concerning to administrative irregularities in housing societies, which includes all types of irregularities including encroachment, unauthorized modification by any member etc, which do not fall under society bylaw and act and rule.
    Please contact us for further details.

  12. Govindan Nair
    28 September 2016

    What is significance by stating "to be kept open to sky at all times".

  13. Ananya Khokle
    29 November 2016

    Hi Menaxee,
    I stay in wadala , need some guidance regarding administrative irregularities in housing society, can you please share your contact number. Thanks

  14. bhargavi bhalchandra devlekar
    17 January 2017

    i m leaving in gram panchayat approved bldg now we decided to do the our society for safety purpose ...
    so plz do the guide lines for the producer an what the process time & cost will be required for this ?????

    Also want to know can i get approved from KDMC to grampanchayat bldg.

  15. Govindan Nair
    17 January 2017

    We have written to Commissioner of Vasai Virar city municipal corporation about stray dogs nuisances in our housing society, which remains to be addressed yet. Is dog important than human being? Besides, is it permitted to keep dog in residential flat if housing society and what are the terms applicable to dog lovers?

  16. Govindan Nair
    17 January 2017

    Though AGM passed levying 500/- on members absent in AGM, is there a byelaw related to it ? Hope you enlighten me.

  17. Govindan Nair
    17 January 2017

    Though AGM passed levying 500/- on members absent in AGM, is there a byelaw related to it ? Hope you enlighten me.

  18. Govindan Nair
    17 January 2017

    Is it ok to levy charge on members for not attending AGM per bylaw, though AGM resolved for it. Please enlighten me. Tnx

  19. Ramnik Gala
    21 January 2017

    Ours is redevelopment society got oc in August 2016, the present chairman is not coming for stay in our society, still he wants to continue as chairman, can he continue or have to leave the seat and offer the same to other member's staying permanent in society

  20. Ramnik Gala
    21 January 2017

    Ours is old redevelopment society got oc in August 2016, the present chairman is not staying in our society, still he wants to continue as chairman, can he continue or have to leave the seat and offer the same to other member's staying permanent in society

  21. Meenaxee
    27 January 2017

    Yes of course.

  22. Harry Dchuna
    13 September 2017

    Our society got conveyance from CIDCO having 65 members, The Secretary with the consent of 1 member gave a piece of plot to MSEB to install MSEB Transformer O63 members not aware of it. What action to be taken kindly advice.

  23. Chetan
    18 October 2017

    Does the committee members have the right to pass a resolution to distinguish certain encroachment as 'not encroachment' and certain encroachment as 'encroachment'? Encroachment is an encroachment and no one has the right to twist the rules. What can be done in this matter?

  24. sumit tayde
    17 February 2018

    hi,
    i am the owner of the flat 4th floor ( top floor )
    the building is 21 years old. cooperative society is established. deed of conveyance have not done yet. as i have one gallery attached to bedroom, i have covered it with ( not RCC) tin / patre & make the wall using siporex.
    i have received the society notice regarding the same. ( i am not alone , many flat owner have covered the gallery with the same. ) please guide me what shall i do ?

  25. Arun
    17 April 2018

    Hello sir, I live on a society at Sector 21, Ghansoli. Few owners in our society have encroached open space beyond their , flower box by putting RC structures. This will restrict from escaping in case of emergency. As a society member I ha e objections on this.

    Could you please suggest if this can be given complaint at NMMC against which act by law?

  26. Disclaimer: We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. You should consult your lawyer or contact our legal advisers and get into greater detail before taking legal action.