We are living in a gated community having 100 Apartments with a registered Society since 11 years.. Our Society has proposed to install Solar Plant on the terrace of the Complex. The builder did not makeover the terrace area to the Society since long. Still it is under the control of the builder. The Society did not float any tender or sealed quotations before approval from the General Body. They kept every thing in dark and got approval from the General Body. The President and Secretary from their known persons have obtained open quotations and influenced the General Body for approval for 46 Lacks. If the tenders are called for, more venders would have come so that still lower quotations might have came. But it was not done by the society. Now the following are my questions. 1).Calling sealed tenders for huge amounts like Rs46 lacks project is mandatory or not? 2).For what amounts tenders are mandatory? 2). Is it legally valid approval by submitting the open quotations to an amount of Rs 46 Lacks? 3). When the terrace is not Society's property is it correct to install such project in Builders area? 4).How can I stop such project as an individual one? 5). To whom should I complaint this Issue?
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Terrace forms part of common area for benefit of all flat owners
2) it is not builder property
3) file complaint against society managing committee before registrar
4) file case before cooperative court seek injunction restraining awarding of contract for solar panel as no tenders were floated and no sealed quotes invited
You can file a detailed complaint to dy registrar and demand appointment of administrator. Also you can approach consumer court for deficiency of service.
1) and 2). The bylaws should provide for such an action by the society. Otherwise it is unlawful. In any case, the tender process should be transparent and competitive.
3) No, it is illegal. The builder has every right to dismantle the structure later.
4) Send the society a legal notice and file a suit at the proper court through a local lawyer.
5) Lodge a written complaint with the registrar of societies.
- A terrace is a common area of a residential society which is for the enjoyment and benefit of all its members, hence Solar plant cannot be installed on the terrace without taking approval from the competent authority.
- Further, after forming the society , the builder losses its authority on any portion of the apartment , and society can only having right to use for the common benefit for all.
1. No quotation can be accepted by the society without taking consent of all the members.
2. should decide in the GBM
3. NO
4. You can lodge a compliant before the Registrar , and also can file an injunction suit before the court.
5. As per law, society is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.
- Further as per rule of the Societies Registration Act, any member or non-member can file a complaint.
- Further, the Registrar of Societies is bound to take action against the errant RWA on a legitimate complaint.
Dear Client,
As per your query, relevant provisions of Telangana Co operative Society Act would be applicable in this case. You can submit a written complaint explaining the dispute/complaint in full detail to any office-bearer of the society or the General Body or the Managing Committee.You should think about hiring an experienced lawyer preferably specializing in real estate laws instead of pursuing anything individually.
Thanks & Regards
1. If you find any irregularity in this and see there is a serious malpractice in this then you as an individual owner can issue a notice to the association to stop the process and issue tenders as per the rules or law you know or rely upon in this regard.
If the association is not paying heed to your legal notice, you can file a suit for injunction against the association before the cooperative court and get the issue solved through court..
2. You may go through the bylaws of the society ion this regard.
3. The open terrace is the common area and do not belong to builder once he had handed over the apartments to the association. If he has not done it then the association should insist him to handover the terrace area besides other common areas of the complex to the association becasue the association becomes the owner of all the common area.
4. Read the first answer above.
5. same as above
