‘Penalty 5 times maintenance for common space encroachment’

Q. There is a lot of junk, including vehicles and construction garbage, in our society, which leads to the threat of rodents and snakes.

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Despite repeated reminders to the members, the managing committee has not received proper response. Please, suggest further recourse.

Pratik Desai, Mulund

A. Clean environment is not only our right but also a responsibility towards the society. Firstly, the member carrying out the renovation or the structural changes in his/her flat has to be pursuant to the permission of the society or civic authority. The person is also required to segregate the construction and demolition waste at source by contacting the municipal authority or a paid service. Reasonable time may be allowed by the committee for this process.

Members are responsible to ensure that open/common areas cannot be occupied for own use beyond the allowed period, which would otherwise amount to encroachment. The committee shall notify the member to remove construction and demolition waste kept in such open spaces. If the person doesn't pay heed, the society will be constrained to levy a penalty five times the monthly maintenance charges for the continued period of default, as per bylaw 169. In case of further inaction, the committee may arrange to remove the construction waste and recover the cost incurred from the member.