I have been charged a penalty for keeping my shoe rack outside in the common area of my apartment. The apartment management claims that this is required as per fire safety regulations, and that a resolution was passed in the Annual General Body Meeting on 29th Jan which required residents to remove all objects from common area. However, I as a tenant did not receive this notice, and did not receive any communication from my landlord either. On 30th March, another notice was sent to all residents saying that the deadline was on 31st March and it was a "request" to remove objects. To this, I requested the apartment management to provide me details of the fire safety regulations that mandate removal of objects from the common area. They did not give me any details of the same. Further, on 15th April 2022, I received a notice to pay a penalty of Rs.1500 (@Rs. 100 per day). My questions therefore are: 1. Can I be penalized to comply to an "order" that I did not receive? 2. Can I be charged a penalty when there has been no material damage caused by my action? 3. As a tenant, what are my rights to request all necessary clarifications to understand the rationale behind any order, e.g. to seek evidence of the supposed fire safety regulation that is the basis for this order? 4. Do I have to pay a penalty when I have no prior intimation of the penalty amount that will be charged? What if they charge any arbitrary amount? 5. Does the order have a legal standing if there is no government regulation that necessitates such an order? 6. What are the powers of an apartment management committee in passing orders and imposing penalties on residents? What determines reasonableness of these orders?
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Has decision to impose penalty been ratified by registrar
if any amendments are made in bye laws adopted by association it needs to be ratified by registrar
3) association cannot be penalised arbitrarily . It would not have legal standing
4) pay the penalty under protest
5) raise the issue in AGM .
1. You can object the same before dy. Registrar.
2. You need to refer bye laws. The penalty cannot be charged by society in a casual way.
3 refer bye laws.
4. Don't pay.
5. No
6. They need the powers to do that
A member of an organization is required to fill the rules validly enacted by the organization. You can challenge such rule/s on the ground that they are nor passed following established procedure or you can challenge on the ground that they are in conflict of general law of land or they are based on wrong principle of law, that there is no such Rule in enforced by fire safety department. Neither in Karnataka Fire Safety Act, 1964 nor Karnataka Fire Force Rules, 1971 there is such rule prohibiting placing of objects in common area. You can challenge the Rule as fraudulent and misleading.
1. The decision for penalizing the members who disobey the bylaws of the association would have an approval of the general body meeting of the association, hence that becomes the law.
2. You were not asked justification for your disobedience of law,
3. As a tenant you cannot claim any rights in the apartment association except for the ones that has been specifically stipulated in the bylaws of the association.
4. If you have been served with a notice about this then it becomes your duty either to py the same or to fight against it through your landlord.
5. The association can enact such bylaws which is for the befit of all members of the association.
6. You can go through the bylaws of your society which will clearly clarify all your doubts in this regard.
Please ask the managing committee in writing to provide you with the relevant fire safety regulations, refusing to pay the penalty. If they do not produce any governmental guidelines to your satisfaction, you are not bound by any resolution passed at the AGM.
