Law Shastra

The Managing Committee has to read the bye laws in harmony and adopt a standard process as approved by the General Body   Almost Every Society has conflicts or even fist fights on usage of common areas, especially the parking, the passage outside the flats and other areas meant for east of movement and common utility. As a Building lay out, and common areas differ accordingly to the size/class of buildings and also the category of flats , it is essential to review the relevant bye laws and formulate a policy with uniform norms and permitting fair use. What is permissible and fair use again depends on the unique size and design of a building, it is imperative to evolve a robust policy post deliberations at a General Body of Members.  Bye Law No 165. Penalties for breaches  Bye Law No 165(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 instruct...

MCS ACT, ARCHAIC BYE LAWS&THE CHALLENGES FOR HARMONY OF SOCIETY While the Bye Laws are the fundamental document binding on all members of a Society, Many Societies seldom understand the essence of the Act/bye laws and follow what is convenient on more so in vogue - practice by other societies.  As far as the Service Charges are concerned the Bye laws provide for a clear cut methodology. However, many societies have made it a practice and convenience to levy service charges/maintenance charges on square feet basis. In most of the societies, the flats are of varied size viz.1, 2 BHK, 2.5, 3 BHK , 4 BHK, etc., While the square feet charges are acceptable rather affordable by small flats like 1m2 BHKs the larger size flat holders feel aggrieved mainly because the common facilities and areas are enjoyed equally by all categories of owners but they are paying more charges in the square feet method.  Whenever such issues are raised the Managing Committees are in predicament and i...