Refuse to remove them as resolution for installation was passed in AGM 

2) file suit seek court orders restraining association from removing solar panels installed on terrace 

You can issue legal notice to association not to remove solar panels as  it was done with AGm approval 

2) request association to place it on agenda of AGM 

3) if association refuses file suit and seek orders restraining forcible removal of solar panels 

Firstly, your society or association should apply for Co-operative Society or Association Apartment as per the Karnataka Co-op Society Act.

Get Proposed society registered in next 2-3 days and pass first AGM within 8 days.

In That AGM  you can mention for solar water heater installation on terrace, like a roof where below it terrace also can be used as a common space and solar panel can be also there. The height should be 10 Ft so it will be look like a roof on terrace and can be used for common without get disturbance to anyone.

Hello,

1. As your Association is not registered and as it has no bylaws you can not complain to the Association. However as there was a resolution allowing the installation, there cannot be a unilateral action and coercive action on part of a few.
2. Firstly, reply to the sender of the message by providing the details of what was earlier resolution. Secondly, file a complaint with the police against the persons who have threatened the action. Provide a copy of the message to the police.
3. The police complaint must be made immediately, without waiting for them to try removing the installation.

Police  would not intervene as it is a civil dispute 

Yes, on can lodge complaint and govt is giving preference for solar system to launch and save the electricity on this ground you can stop them from remove.

Hi 

1) Please note that Government of Karnataka had passed a Gazette warranting mandatory installation of water heaters vide GO EN 396 NCE 2006 Dated 13NOVEMBER07 in all apartment complexes and also

2) Building plans mandated that apartment complexes shall mandatory all solar heaters/solar panels in roof tops .

3) So, technically and legally  no person can object to install solar heaters in roof top of apartment complexes.

4) Also High court of Karnataka in  Md. Hasnuddin v/s State of Karnataka & Others has upheld the decision of BBMP making it a mandatory condition for installation of solar heaters in apartment complexes.

5) Also, you can take a

a) copy of the above gazette GO EN 396 and

b) also the copy of building plan

c) Copy of authorisation resolution and

d) issue notice to such of those apartment owners who are objecting to installation of solar heater on roof top.

7) If there is any further resistance you can also  file a 

a) Complaint with police if other apartment owners attempt to remove the solar heater or 

b) Approach court and take injunction orders against other apartment owners who are objecting to the installation of Solar Heaters.

Hope this information is useful.

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person/s, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

3. IF Association is not registered then the association is illegal & unauthorized and has no powers of any type to dictate you any terms or conditions and further any such resolutions are also illegal and not enforceable in law.

File a temporary injunction application in the court for having a stay over removal. 

You issue a legal notice to that office bearer warning him from indulging in any such action which would be illegal act and he would be liable to punished under criminal laws for the commission of such an offence.

Since it is not a registered association, the office bearers or anyone cannot object to this especially when the association has already permitted the members to install the same on the terrace by observing certain norms.

This is a common area  and every member of the complex has rights over it hence the members who object to this cannot do anything in furtherance other than to put pressure on such favor mongers.

you can sort it out by issuing a legal notice properly since the association has already permitted.

You can lodge a criminal complaint against the person who has sent this message through whats app that he is threatening to damage your property with the help of his goons.

The police would summon the person which itself may create a fear in him, after which he may come for a compromise.

You can give a complaint of theft or damage to your property against the person who is indulging in such illegal activities.

They can't remove the same like that. You can complaint to dy registrar for the same. If he takes no action approach court. Now govt promotes the solar heater and panels

Very strange. Once they stated that it should be done how can they go back and are now trying to remove and harass you?

You should lodge a criminal complaint against these so called office bearers.

A criminal complaint should be lodged in the police station on grounds of criminal intimidation and threats.

The equipment must have been bought by the association money. All the other stakeholders must be involved in this. Try to talk to them.

If the police does not respond then file a complaint against them before a magistrate. Engage a lawyer.

Complain to registrar, you have install as per the bye laws of association or for immediate releif have to obtain stay from court. And call the police if association take coercive step to remove it.

Even if association amend the bye laws, association is liable to pay you damages and cost of solar heater.

- Since, as per rule after passing resolution in AGM , the installation of the solar heater was allowed , hence no members including the said office bearer are having right to remove the same . 

- Further, on the objection of some of the members , the society cannot change the said permission already passes in the AGM , and specially without holding the AGM with prior notice . 

- As per law, A society has no legal authority, to issue moral, ethical and social diktats to its residents , and society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, the resident/member who is aggrieved by the arbitrary and unreasonable actions of a Society can file a Suit under Section 6 of the Societies Registration Act, 1960.

- Further, as per the rules of the Societies Registration Act, any member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant society on a legitimate complaint.

- Hence, you can file a complaint to the Registrar of Societies after narrating your concern against the illegally diktats of the society. 

- Further , you can also file a suit for Permanent injunction as well before the court , to restrained them from removing the installed solar heaters. 

you can file civil suit and seek injunction order against association . 

1. Yes you can make police complaint against office bearers for causing damage to your property without holding any proper meeting if they remove your solar panels. 

2. You can also file suit for permanent injunction against office bearers for restricting them from removal of solar panels which was allowed by AGM in 2015.