Maximum Penalty under New Maharashtra Hsg Society Bye Laws for Alleged Encroachment of "open area "
This is a questions regarding dispute between Co Operative Housing Societies under Maharashtra Co Op Hsg Soc Act , & an ordinary member of the CHS .
The Model Bye Laws seem to have apparent conflicting provisions for maximum penalty on a member for alleged encroachment of open area . ” Bye Law 168 a prescribing an “amount” upto 5 times of monthly maintenance, ( 168 a) Another BL ( 164 a) which restricts max penalty to Rs 5000 per financial yr, Which one prevails in the event of conflict between these 2 Bye Laws .
The language of 168a is as follows :
\" All open /common area meant for use of all Members for eg. staircase, steps,
landing areas, parking spaces, lift, corridor, and such other spaces, cannot be
occupied by any Member for his own use. The use of such areas shall be
restricted to the cause for which these are meant. Any Member found to be
violating the above condition by encroachment shall have to vacate the
encroachment and further he/she shall pay an amount equal to five times the
monthly maintenance charges per month for the period for which he/she has
encroached such spaces and further Members must not carry out any
constructions, structural changes over and above the sanctioned plan without
prior permission of the Society and Concerned Municipal Authorities /
Competent Authorities.\" .
On the other hand , the language of 164 a is as follows :
a. The meeting of the General Body of the Society may prescribe penalties for
different breaches of the Bye-laws of the Society. The Secretary of the
Society, under instructions from the Committee, shall bring to the notice of the
Member concerned, the breach/breaches of the bye-law/bye-laws committed
by him. If the Member persists in continuing the breach/breaches, the
Committee shall give the notice to the Member to show cause as why the
penalty should not be inflicted on him for breach/breaches of the byelaw/byelaws.
The General Body Meeting, after considering the Say of the Member
and after giving him hearing, may levy penalty to the extent of maximum
consolidated penalty not exceeding Rs.5,000/- in any one financial year.
b. Save except other provision in the Act, the A.G.M / Special G.B.M. can
penalize a Member for committing breaches in his Responsibilities. Such
penalty should be reasonable and equal to all such erring Members.
A.G.M./Special G.B.M. is empowered to frame the penalty amount. The
managing committee shall recover such penalties with proper care\"
Therefore what is the maxiumum penalty leviable on a member for alleged encroachment of open space
Related to housing society bye-laws