Members of CGHS must enjoy common areas

 

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The rights of the members of CGHS are protected by rule 106(11) are as below:-

Members of CGHS must enjoy common areas: No member or occupant shall carry out any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or shall add any material structure or excavate any additional basement or cellar without obtaining the consent of committee

AND

Members of CGHS must enjoy common areas: IF a member has encroached, the member must take it that, it has been encroached by verbal consent of managing committee and therefore, must take necessary action else his rights to easement shall be impaired for ever.

Members of CGHS must enjoy common areas: It is practically seen that instead of allowing members to use the entire common areas, the managing committee takes the view that the common area belong to them alone. There after the managing committee forms a view that if any member want to make use of the common area they have to pay a price to the managing committee. Over and above that, some times the management of the Society goes to such an extent that they make the plans to commercially use the common areas to generate income from Car Parking, making temporary shops and ever erecting permanent shops, making a gym, making a recreation centre or a library etc.

In case of any hardship faced by any one, leave a reply below

 

13 Comments

  • Devi lal says:

    We are not allowed by MC to access all the common areas, specially the roof top

  • mehta says:

    We are not able to use common areas as managing committee is useless. What to do ???

  • hotam tyagi says:

    Many members of the society have built small gates in front of their flats in the common space, due to which, common space accessible to common members has reduced to great proportion.

    I have gone through your this article and not able to convince the managing committee. Kindly help us, we are ready to pay your fees too.

  • Rajit says:

    I am living as a tanent in a haryana employees welfare Organisation (CGHS) fro last 7 years. Last year’s management decided to place dhobi for ironing of cloths in the common passge for two months each turn by turn. There are more than 20 such places in the society. My turn came in Dec 2012. After three months, they are not shifting the dhobi from common passage to other location. Even we are getting threat calls for this objection. Pl. guide how can I get rid of this problem. As per Apartment ownership Act Haryana 1983, no body can use common passage like this.

  • VINOD KUMAR SHARDS says:

    A member of Co-operative Group Housing Society is not liable to pay maintenance if he has not been given possession of the flat by the society. The above fact is mentioned in Co-operative rules and act and judgement by high Court as well appex cort has been delivered to this effect. Kindly clarify.

  • VINOD KUMAR SHARDS says:

    As per Co-operative act Managing Committee has to get the books of accounts audited within 120 days from the close of accounting year leaving aside April as such accounts should be be got audited by 30th August. The delinquent M.C. will be debared from contesting next election. M.C. in a G.H.S. resign in the month of March and ad-hoc M.C. take charge and operates the avcount, such ad-hoc committee is elected by G.B. and continues to Manage from April to Oct. without getting the Account Audited. Please clarify who will be debarred from contesting next election?

  • VINOD KUMAR SHARMA says:

    Is Power of Attorney relating to property is title to property.

  • sanjeev pant says:

    Is there any rules by which we can restict members in encrounching comman passage of society?

  • Sir,
    I had made a complaint to our Society on 24th September 2018, I have not received any reply so far. My complaint is as follows:-
    1. They have removed the board showing the names of Flat owners after the painting of the building.
    2. They have sealed the gates of emergency exit (Two gates) in the lobby.
    3. We have six security guards, three in each shift. Two security guards are physical disabled, one in each shift.
    Our Society consists of two buildings each building has 28 members.
    Could you please advice.

  • JIMMIT says:

    Dear Sir ,
    Dear Sir ,
    My society has submitted Audited Account for the year ending 31/03/2018 along with Notice of AGM , I have found that Managing Committee has spent entire or Most of the fund of the Sinking Fund for Deemed Conveyance and obtain Property Card matter , They have also collected huge amount for such work , but I have found that they are misappropriated fund of the society .
    They have not even showing the Bank Statement , bills and other quotation for said work of Deemed Conveyance and Obtain Property Card . I have doubts that Managing Committee has done cheating with members of the society and even Auditor is hand in glow with Managing Committee ,
    I do not have support of 1/5 members and fraud is over 25 Lakhs , what can I do. ? Auditors have send us approx. 4 time audited Balance Sheet and Income and Expenditure account but all are manipulated to just misguide members of the society , because of almost over 98 % members of the society are not understand accounts. In AGM account was not passed because of Audtors Report and General Remark is not submitted . Now next meeting is scheduled on 5th Nov, 2018.
    Please guide me what to do and send your reply by next post . If possible .

  • Advocateji says:

    Dear Jimmit, You are advised to immediately and personally meet a ANY suitable co-operative society expert OR Our legal expert for immediate action.

  • Rama seetha says:

    Respected sir,
    Our apartment complex does not have declaration. As per our apartment act this is punishable offence. But other flat owners are rejecting to do this. Our association is not registered. Can we file case against them to come forward and register deed of declaration.

  • Advocateji says:

    Dear Rama Seetha, You have solve it with the help of fellow residents or with the help of any or our Advocate by bringing all the documents in your possession.

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