My society is not cutting the trees in our compound. What can be done about that?
Manish Kadam, Vakola.
As per Bylaw 161 of the 2014 Bylaws, no member can destroy, deface or cut down any trees in the compound of the society, any contravention may render the member liable for action. Moreover, cutting trees is a punishable offence under the Maharashtra (Urban Areas) Protection and Prevention of Trees Act, 1975 unless it is felled with due permission and following the process of Tree Officer, BMC on account of it being dead or dangerous. In case you have dead or dangerous trees, you may write a letter to the society to do the needful. In case the society does not act on your request, you may file a complaint with the BMC. BMC Tree Officer will inspect the premises and submit the inspection report on the basis of which the approval or rejection will be informed to you. Further, trimming or pruning of trees also requires permission from the same authority.
Last year, BMC had issued notices to all housing societies to trim the trees well before the monsoon to avoid any falling or destruction of trees due to winds or torrential rains. If the society fails to do so and there is any accident, the society will be held responsible.
A few years ago I purchased two parking slots from the builder. Now the Society is asking me to surrender one parking slot. Is it correct on the part of the Society to do so?
R.K.Goswami, Ghatkopar
Under the Maharashtra Ownership of Flats Act (MOFA) regime, builders were not allowed to sell parking slots. Open and stilt areas were required to be handed over to the society. It was the prerogative of the society to allot parking as per the rules made in that behalf. However, many builders have been selling parking slots along with the flat to the home buyers illegally. Post-RERA, i.e. after May 1, 2017, builders are allowed to sell the covered parking spaces only. If you have purchased your flat and the parking area from the builder before May 1, 2017, the society will be entitled to take charge of the parking slot allotted to you, it being the owner of the open spaces used for parking.
We have a shop in our society where the employee of the shop stays and sleeps during the night. Is this allowed?
Sunit Kumar, Kurla
The shop owner is also a member of the society and is being regulated under the Maharashtra Shops and Establishments Act, 2017. He has to follow the society rules and bylaws as any other member. Shop owners allow their employee/s to stay in the shop during the night. The shop owner shall intimate the society of such employee residing in the shop. Society has to ensure that the shop owner has not employed any “child” under the Child Labour (Prohibition and Regulation) Act in his shop. Further such employee living in the shop shall not cause nuisance to the society and the members. The law is silent on whether such employee can reside in the shop. The society with the approval of the general body may levy additional charges to such shop owners.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
