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Need clarity on certain decisions taken by MCM in my society

2 weeks ago Rahul Desai , Mumbai


1. If a particular member (A) has purchased one Covered Car parking from the Builder when the Flat was initially sold to him 21 years ago and after 8-10 years when some other member (B) was about to sell his flat he was willing to transfer his covered car parking lot to other members at a premium but since no one was willing to purchase it at that time, society’s then Chairman and Secretory approached the first member to purchase that Covered Car Park from the member who was leaving the society by paying a premium to that member and deposit a transfer fees to the Society in such case, can the society's management committee charge extra (double) amount towards parking charges to that particular member (A) as compared to other members who have been allotted just one covered car park and recover some additional money through his maintenance bills?

2. Can the society’s management committee dictate whether all non-committee members should subscribe to services from specific internet service providers only (Max 3 based on majority of members who have subscribed to leading internet service providers in that area) and if that rule is not followed they will either disallow any member from subscribing to any other internet service provider OR they will cut the cables in case the member does not agree to follow this rule laid down by society members?

3. Can the society management committee members dictate that all members should not keep Plants in their balcony as it spoils the paint of the Building? Can they charge fines to the member in case member does not agree to such restrictions?

4. Can management committee disallow/block members from going to the terrace for taking morning or evening walk?

5. Can management committee lock the main gate of the society to stop guests from parking their vehicles in building premise OR block specific members from parking their cars inside the open car park area since the open car park area is already taken up by few members on a first come first serve basis long ago?

6. Now a days all society members communicate over WhatsApp and all instructions related to society matters are communicated over WhatsApp, is this acceptable legal practice? Shouldn’t the management committee be officially sending a written communication to all the members about the decisions they are taking on various society matters? What can we do about it?

What legal course one can follow in all the above situations? Whom should we approach for help?

What correspondence and paperwork/records one needs to maintain to fight the injustice?
Is there a guarantee of quick justice?

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