Question 1

Can a member book the community hall, terrace or garden for a function, and what can the society charge?

Accepted Answer

Yes. On a written application the committee may allow temporary use of the terrace, open space, hall or clubhouse. Charges and conditions follow the policy the general body approves: user charge, refundable deposit, timings, clean-up and damage. Common areas cannot be let out permanently or given on leave and licence to anyone. 2014 BL 168 forbids letting out common areas such as terraces, open ground, the clubhouse or the common hall to any person, member or not, on leave and licence. BL 169 still allows the committee to permit temporary use for a function, on written application and on charges set by the general body. Draft dBL 181 sets conditions. The use must not block exits, fire installations or refuge areas, or cause nuisance or excessive noise. No permanent structure may be put up. The premises must be restored, and any damage is paid for. User charges and a refundable deposit are fixed by the general body. Timings of amenities may be fixed and displayed, and amenities closed for repairs (dBL 172). Keep a booking register so the office can show bookings were first-come, first-served and consistent.

Question 2

Who arranges and pays for pest control — the society or each flat?

Accepted Answer

Pest control of common areas (staircases, ducts, drains, garbage area, basement, garden) is a society expense under housekeeping and service charges. Treatment inside a flat is the member's own cost unless the general body decides on a common programme and how to share its cost. This is society policy within the bye-laws. Common areas and common services are maintained by the society (2014 BL 158(a); dBL 45). Repairs and upkeep inside a flat are the member's (2014 BL 44, 158(b); dBL 46). Waste management, cleanliness and hygiene are shared duties, and the committee may make rules on them (dBL 168, 173(b)(ix)). Many societies run a whole-building treatment because pests move between flats. If so, the general body should approve the programme and whether the cost goes into service charges. Hire a registered pest-control operator and record the chemicals used — under the Insecticides Rules 1971 any application of insecticide in household or other premises for commercial purposes is a commercial pest control operation, and an operator using fumigants such as aluminium phosphide or methyl bromide needs a licence (r.2(b), r.10(3-A)) — and give notice to residents with children, pets or health conditions. Keep the contract and service reports with other AMC records (5 years under dBL 138(e)(iv)).

Question 3

A member keeps placing things in the common corridor or parks in another's slot. What is the step-by-step procedure?

Accepted Answer

First a written request from the Secretary. If the breach continues, a show-cause notice from the committee. Then a hearing and a penalty within the limits the general body has fixed. For encroachment of common areas, the 2014 bye-laws allow a charge of five times the monthly maintenance for each month. Keep photographs and dates at each step. 2014 BL 164(a): the Secretary points out the breach. If it persists, the committee issues a show cause. The general body hears the member and may levy a penalty, capped at ₹5,000 per member per financial year across all breaches. BL 164(b) says penalties must be reasonable and equal for all. BL 168(a) separately provides the five-times-maintenance charge for encroachment. The draft bye-laws grade violations: Category I for minor matters, Category II for serious ones such as encroachment or unauthorised construction. Each category has its own notice, hearing and penalty steps, and restoration is at the member's cost (dBL 175-180). The draft says the aim is discipline and restoration, "not to generate revenue through penalties". Guards and staff should report and record, not remove items themselves, except where an item blocks a fire exit and the committee has authorised immediate removal (dBL 51(f)).

Question 4

A member's pet dog bit a child in the lift. Who is liable, and what should the society do?

Accepted Answer

The owner is primarily liable — for medical costs and compensation, and possibly criminally for negligent handling of the animal. The society's role is to help the injured family get treatment, record the facts and CCTV, and then act under its pet rules against the member. The society itself is liable only if its own negligence contributed. Draft bye-law 167(c) requires the owner to ensure the pet causes no danger or injury, is properly controlled in common areas, and that "any injury, nuisance, cleaning cost or damage caused by the pet is borne by the owner"; the member also answers for family and occupants (dBL 180(a)). Criminal law punishes knowingly or negligently failing to take proper care of an animal in one's possession to guard against probable danger to life or grievous hurt (Bharatiya Nyaya Sanhita s.291, formerly IPC s.289); the victim can file a police complaint and a civil claim. Immediate steps for the society: first aid and hospital (dog-bite wounds need anti-rabies treatment); secure the lift CCTV; write down witnesses' accounts; ask the owner for the dog's vaccination record. Then: notice to the member, hearing, and penalty or conditions (leash on a short lead in lifts, use of an alternate lift) under dBL 175-176 or BL 164. A ban on the pet is not the remedy; repeat danger is a matter for the police and the municipal authority.

Question 5

A stray dog living in our compound bit a resident. Is the society liable, and can it now have the dog removed?

Accepted Answer

Stray (community) dogs are the municipal authority's responsibility under the Animal Birth Control rules; the society is not ordinarily liable for their bites. It should get the victim treated, report the bite to the municipal animal-control helpline, and ask for the dog to be examined. A rabid or dangerous dog can be handled by the authority; the society cannot relocate, beat or poison dogs itself. Under the Prevention of Cruelty to Animals Act 1960 and the Animal Birth Control Rules 2023, stray dogs are sterilised, vaccinated and returned to their area by the local authority; driving them away is not allowed (AWBI guidelines 2015, Part II). The Supreme Court's order of 22 Aug 2025 directed that picked-up dogs be sterilised, immunised and released where found, except rabid dogs or those showing aggressive behaviour, and required municipalities to run helplines (paras (a)-(b), (e)). The draft 2026 bye-laws let the society coordinate with the local authority for vaccination, sterilisation and humane management of strays (dBL 167(e)). Compensation claims for stray-dog bites are generally pursued against the local authority; the society could be at risk only if its own acts (for example, feeding points it set up next to a play area against advice) contributed. Keep a bite log and share it with the ward office.

Question 6

Can the society fine residents who feed stray dogs or cats in the compound, or ban feeding altogether?

Accepted Answer

A total ban and fines on feeders are unlikely to survive: animal-welfare rules expect resident associations to arrange feeding, not forbid it. What the society can do is fix designated feeding spots and times away from children's play areas, entrances and staircases, and require feeders to keep the spots clean. The Animal Birth Control Rules 2023 place on resident welfare and apartment associations the duty to make arrangements for feeding community animals in their premises, at spots away from children's play areas, entry and exit points and staircases, at times when children are not around. The AWBI guidelines (2015) advise against harassing feeders. The Bombay High Court has supervised designated feeding areas inside a housing complex (Paromita Puthran, with RNA Royale Park CHSL, 2023). The Supreme Court's order of 22 Aug 2025 bars feeding stray dogs "on the streets" and directs dedicated feeding spaces per ward — a rule about public streets, not a licence to ban feeding inside private compounds. A general-body feeding policy should name spots and times, a cleaning duty, a contact person among the feeders, and a route for complaints. Fining feeders or cutting their water or lift use is not supported by the bye-laws (dBL 132(r)); littering at feeding spots can be dealt with as a minor violation (dBL 175(a)(iv)).

Question 7

Can the society make pet owners register their pets, sign an undertaking or take liability insurance?

Accepted Answer

Registration with the society (pet type, vaccination certificate, owner's contact) and a signed acknowledgement of the pet rules are reasonable. Compulsory insurance, security deposits or special fees are not supported by the bye-laws and go against the Animal Welfare Board's advice. Draft bye-law 167(c)(iii) requires owners to comply with vaccination, registration and health requirements — this points to municipal registration or licensing where the local authority requires it, and the society may ask to see proof. The society may keep a simple pet record for safety (who to call if a pet is loose or injured) and ask owners to acknowledge the rules: leash and control in common areas, cleaning up, cost of damage (167(c)). The AWBI guidelines (2015) say associations cannot impose special charges or fines on pet owners without a law (Part I(g)-(h)); the committee may not impose charges or requirements not authorised by the Act, Rules or bye-laws (dBL 132(r)). Liability insurance is sensible advice to owners, not a condition the society can enforce. Keep pet records as personal data with limited access.

Question 8

A neighbour's dog barks for hours when they are out at work. What can I and the society do?

Accepted Answer

Barking alone is not a ground to make the owner give up the dog. But persistent, prolonged noise is a nuisance the society can address: speak to the owner first, then a written complaint, a committee warning, and if it continues, notice, hearing and a penalty under the nuisance bye-laws. Suggest practical fixes — a dog-sitter, training, not leaving the dog alone all day. The AWBI guidelines say barking cannot be cited as a reason to ban pets (Part I(c)), and draft bye-law 167(b) protects keeping a pet against objections. At the same time the owner must ensure the pet causes no nuisance (dBL 167(c)(i)), and nuisance is a ground for action under BL 47 (2014) and a Category I violation in the draft (dBL 175(a)(iii), (ix)). Procedure: complaint in writing to an office-bearer; decision at the next committee meeting and reply within 15 days (BL 171-172; dBL 184-186); warning, then notice and explanation, then a general-body-approved penalty (dBL 176; BL 164 cap Rs 5,000 a year). Keep a log with dates, times and recordings. An animal left alone without food or water for long periods may raise a cruelty concern under s.11 of the PCA Act — report that to an animal-welfare organisation, not by confrontation.

Question 9

A resident feeds pigeons from the balcony and the droppings are soiling other flats and the building. Can the society stop it?

Accepted Answer

Yes. Feeding pigeons in a way that fouls neighbours' balconies, windows and common areas is a nuisance and a hygiene problem the society can act on through its nuisance and cleanliness bye-laws. The society may also install bird nets or spikes on common parts with general-body or committee approval. BL 47 (2014) forbids a member to do anything that causes nuisance, annoyance or inconvenience to other members, and lets the committee act on complaint or on its own. The draft 2026 bye-laws require members to maintain cleanliness, not throw waste on open spaces, terraces or adjoining property, and not create unhygienic conditions (dBL 168(b)-(d)); littering and failure to maintain cleanliness are Category I violations (dBL 175(a)(iv)). Pigeon droppings are widely linked to respiratory illness and damage to facades and drains. Procedure: written request, then committee warning, notice and penalty (BL 164; dBL 176), plus recovery of actual cleaning costs (dBL 176(e)). Nets on the building's exterior are common property works — install them uniformly and with the committee's approval; a member's own balcony net needs the society's permission if it alters the elevation. Harming the birds is not allowed.

Question 10

Can the society ban smoking in lifts, lobbies, staircases, the clubhouse and the garden?

Accepted Answer

Yes. A general-body rule banning smoking in enclosed common areas and amenities is a reasonable conduct rule, and smoking in lifts and staircases is also a fire risk. Whether the central anti-smoking law itself applies to a private society's common areas is uncertain, so rely on the society's own rules and enforce them through the nuisance procedure. The committee and general body may regulate the use of common areas and amenities (BL 166-167; dBL 171-173) and forbid acts that endanger safety, health or hygiene (dBL 164(c)). The Cigarettes and Other Tobacco Products Act 2003 (s.4) prohibits smoking in a "public place", defined broadly as a place to which the public have access; courts have not settled whether a gated society's lobby or clubhouse is such a place, so the society should not present its rule as a police matter. Suggested rule: no smoking in lifts, lobbies, staircases, basements, parking, the clubhouse, gym and play areas; a designated open-air spot away from windows if the general body wishes; no disposal of butts in common areas. Enforcement: warning, notice, penalty (dBL 175(a)(i), (iv); BL 164). Staff should be covered by the same rule on duty.

Question 11

Cigarette smoke drifts into my flat from a neighbour who smokes on his balcony. Can the society do anything?

Accepted Answer

It is difficult. Smoking inside one's own flat or balcony is not prohibited by the bye-laws, but smoke that persistently enters another flat can be a nuisance. The committee can mediate and, for persistent and serious cases, treat it under the nuisance bye-law; ash or butts thrown down are clearly actionable. BL 47 (2014) forbids a member to do or allow anything in his flat that causes nuisance, annoyance or inconvenience to other members, and the draft 2026 bye-laws forbid use of the flat "in a manner likely to cause nuisance, annoyance, inconvenience ... hazard" (dBL 36(c)). Whether drifting smoke reaches that level depends on frequency and intensity; the committee should record complaints, visit, and try mediation (timing, moving to another side of the flat, air purifiers). Throwing ash or butts from balconies is littering and a fire hazard (dBL 168(b)(iii), 175(a)(iv)), and can be penalised. Where mediation fails, a member may raise a dispute before the Co-operative Court under s.91 or sue in a civil court for private nuisance; take an advocate's advice.

Question 12

Can the society fix hours for renovation work in flats — drilling, hammering, tile-cutting — and stop work on Sundays?

Accepted Answer

Yes. Fixing reasonable working hours and quiet days for interior work, applied equally to all flats, is a normal part of regulating nuisance and the entry of contractors. The member doing the work is responsible for his contractors, debris and damage, and structural changes need prior permission regardless of hours. Additions and alterations need the committee's prior written permission, and structural changes need the competent authority's (BL 45, 2014); the draft keeps committee permission for member works (with minor works exempt) and requires a decision within 30 days. The committee may regulate the movement of heavy goods, housekeeping and contractors' conduct (dBL 173(b)(vii), (d)), and nuisance and breach of timings are Category I violations (dBL 175(a)(ii)-(iii)); the member answers for contractors (dBL 180(a)). A typical rule: noisy work only between, say, 10 am and 1 pm and 3 pm and 6 pm on weekdays; none on Sundays and public holidays; debris removed daily in bags via the service lift; a refundable deposit for damage to common areas. Allow emergency repairs (leaks, electrical faults) at any time.

Question 13

During festivals, can the society play loudspeakers or DJ music in the compound late into the night?

Accepted Answer

Only within the Noise Pollution Rules: no loudspeakers or public-address systems at night (10 pm to 6 am) except in closed premises, with a limited state-notified relaxation up to midnight on a few festival days a year. Volume must stay within residential-area limits. The society is responsible for events it organises and can be reported to the police. The Noise Pollution (Regulation and Control) Rules 2000, made under the Environment (Protection) Act 1986, bar the use of loudspeakers or public-address systems at night except in closed premises such as auditoriums and community halls, and allow the State Government to permit their use up to midnight during cultural or religious festive occasions for a limited number of days in a year; residential areas have lower day and night noise limits. The police enforce these rules. Inside the society, the committee's permission for temporary use of common areas is conditional on not causing "nuisance, excessive noise" (dBL 181(b)(ii)); the 2014 bye-laws leave terrace and open-space use to general-body conditions (BL 169). Practical: fix an end time in the event permission; keep the speakers facing away from buildings; respect residents who are ill or have exams; a complaint on the night goes to the police helpline 112.

Question 14

Can residents burst firecrackers in the compound or on the terrace during Diwali or weddings, and can the society restrict it?

Accepted Answer

The society can and should restrict it: no crackers on terraces, in parking areas, near gas banks, transformers or trees, and only in a designated open spot at permitted hours. Night-time bursting of noisy crackers is restricted by the noise rules, and courts and the State have fixed timings in recent years. Fire safety is a core duty: no one may do anything that endangers the safety of the building or residents (dBL 164(c), 174(a)), store or use hazardous materials in parking (dBL 81(b)), or obstruct fire exits and refuge areas (dBL 166(a)(iv)). Terraces and refuge floors are escape spaces, and parked cars and dry landscaping catch fire easily. The Noise Pollution Rules 2000 restrict sound-emitting firecrackers at night, and Supreme Court and State directions have limited bursting to short evening windows on festival days in several years. A general-body rule can name a single open-air spot away from buildings and vehicles, fix hours consistent with the law, require water buckets and adult supervision, and ban aerial rockets. Breach is a nuisance or safety violation (dBL 175-177); a dangerous act on the night can be reported to the police and fire brigade.

Question 15

Can the society hold Ganeshotsav, Navratri, Christmas or Eid celebrations in common areas, and must it allow every community equally?

Accepted Answer

Yes, the general body can allow festival celebrations in common areas on a written application, under a policy approved by the general body — and that policy should treat all communities alike. Participation and contributions must be voluntary, the event must not block exits or cause excessive noise, and no permanent structure may be left behind. The draft 2026 bye-laws let the committee permit temporary use of the hall, clubhouse, lawns, open spaces or terraces for "social, cultural, educational, recreational or family functions" under a general-body policy (dBL 181(a)), subject to no obstruction of exits and fire installations, no nuisance or excessive noise, no permanent structure, cleaning and restoration, liability for damage, and GB-approved user charges and deposits (181(b)); permission is temporary and creates no right (181(c)). BL 169 (2014) similarly allows temporary use on written application and GB-fixed charges. Among the society's objects is organising social and cultural welfare activities (dBL 7(k)). Equal treatment of members and occupants is required (dBL 132(s)); a policy that allows one community's festival but refuses another's on similar terms invites a complaint to the Registrar or a s.91 dispute. Pandals on public roads need municipal and police permission; inside the compound, follow fire-safety advice for temporary structures and wiring.

Question 16

Can the society add a festival contribution to the maintenance bill, or make every member pay for celebrations?

Accepted Answer

No. Festival and cultural contributions must be voluntary. They cannot be billed as a compulsory head of maintenance or recovered as arrears, and a member's rights or permissions cannot be made to depend on paying them. Money collected must be accounted for. Rule 106C-12(1) (2026) lists the charges a society may levy; festivals are not among them, and clause (m) allows other general-body charges only if they do not contradict the Act and Rules. The Rules provide a Welfare Fund of "voluntary contributions" for social, cultural and recreational activities (Rule 106C-11(7)), apportioned "voluntarily by members" (106C-12(4) item 11(vi)). The draft 2026 bye-laws require donations to be voluntary, without coercion, never a condition for any permission or NOC, and shown in the books (dBL 12(vi)). Practical: a separate festival committee or the Welfare Fund with its own receipts; a statement of income and spending placed before members; no reminders on the maintenance bill implying obligation. A member billed compulsorily can refuse that line and complain to the Deputy Registrar.

Question 17

A few members have built a small temple or shrine in the compound. Can it stay, and can the society remove it?

Accepted Answer

A permanent structure on common land without the society's approval and the planning authority's permission is an encroachment. It should not stay just because it is religious. The society should act through the general body, with notice and discussion, and ask the authority's help if needed, rather than demolish it on its own. Common areas cannot be occupied for private use or built on without permission (BL 168, 168(a), 2014); the draft 2026 bye-laws prohibit unauthorised construction, enclosure or encroachment in common areas (dBL 166(a)(iii)) and treat them as Category II violations (dBL 177(a)(ii), (vi)), with inspection, notice to restore, reporting to the authority and restoration (dBL 178). Temporary festival use is different (nuisance_pets_amenities-312). Because such structures are sensitive, the committee should: document the structure and who built it; place the matter before the general body; consider a lawful alternative (relocating to a member's flat, or a temporary seasonal installation under dBL 181); and, if removal is decided, give written notice, seek the municipal authority's action for unauthorised construction, and inform the police beforehand to avoid a law-and-order problem.

Question 18

I never use the clubhouse, gym or pool. Can I refuse to pay the amenities charge?

Accepted Answer

No. Under the 2026 Rules amenity charges and playground, garden and jogging-track charges are shared equally by all members, whether or not they use them. Separate pay-per-use fees for extras (for example coaching or hall booking) can be charged only to users, if the general body approves. Rule 106C-12(4) items 11(viii)-(ix) (2026) apportion "amenities charges" and "playground, garden, jogging track" charges "equally by members". The 2014 bye-laws likewise treat common amenities (swimming pool, gym, club house) as part of the society's common services whose cost is shared. A member cannot opt out of a common charge by not using the facility, just as with parking charges payable whether used or not (BL 82). What the general body can do is set user fees for particular services — personal training, coaching classes, hall and clubhouse booking (BL 169; dBL 181(b)(vi)) — so that heavy users pay more; these must be approved, receipted and accounted. If amenity costs are very high and few use them, the remedy is a general-body decision to change timings, contracts or the level of service.

Question 19

Can members bring guests to the pool, gym or clubhouse, and can the society charge a guest fee or limit guests?

Accepted Answer

Yes. The general body or committee can set guest rules — how many guests, at what times, accompanied by a resident, and a guest fee — as long as the rules apply equally to all residents, including tenants. Timings, safety norms and "reasonable guidelines" for amenities may be framed by the committee or approved by the general body (dBL 171(c), 172(a)-(b), 173(b)(iii)); guests and visitors must follow them (dBL 172(b), 173(d)), and the member answers for his guests (dBL 180(a)). Under the 2014 bye-laws the general body may allow games in open spaces "subject to such restrictions, charges and penalties as it may impose" (BL 167). A guest fee is a charge approved by the general body under Rule 106C-12(1)(m); keep it modest and receipted. Sensible pool and gym rules: guests only with a resident; a daily cap per flat; children under a set age with an adult; a guest register; no guests at peak hours. Tenants are residents for this purpose (tenants_leave_licence-006).

Question 20

A resident was injured using the society gym. Is the society liable, and what should it have in place?

Accepted Answer

The society can be liable if the injury came from its negligence — broken or unserviced equipment, no safety instructions, an unqualified trainer it engaged. It is not liable for ordinary risks of exercise or a user's own misuse. Reduce risk with maintained equipment, displayed rules, an age limit, a register and suitable liability insurance. The draft 2026 bye-laws make the gym a common amenity whose use is subject to timings, safety norms and user guidelines, allow temporary closure for repairs or safety, and require supervision of children (dBL 171(b)-(c), 172). The committee must keep common facilities safe and act promptly on unsafe conditions (dBL 164(b)-(d), 174(c)). A liability waiver signed by users helps show the risks were explained but does not excuse the society's own negligence. Checklist: annual maintenance contract for equipment; out-of-order tags; first-aid kit; rules displayed (no use under 16 without an adult, no solo heavy lifting); a trainer engaged through a written contract with his own qualifications and insurance; a usage register; the society's public-liability cover checked with its insurer. Claims go to the Co-operative Court (s.91), a civil court or a consumer commission depending on who sues.

Question 21

What safety rules should a society swimming pool have, and must it have a lifeguard?

Accepted Answer

The bye-laws do not list pool rules, but the committee must run amenities safely. A trained lifeguard during open hours, water-quality testing, depth markings, no unaccompanied children, and closure when no lifeguard is present are the standard protections. Municipal health or licensing rules for pools may also apply in your city. The swimming pool is a common amenity whose use is subject to timings, safety norms and guidelines; the committee may close it for repairs, hygiene or safety, and children use it under supervision (dBL 171(b)-(c), 172(a)-(d), 173(b)(iii)). Unsafe conditions must be addressed promptly (dBL 164(d), 174(c)), and water quality and housekeeping records are kept five years (dBL 138(e)(vi)). The press reported in 2015 a state government circular directing municipal bodies to make the appointment of lifeguards a condition of building permission for projects with pools; check your building permission and occupancy certificate conditions and any municipal pool permission. Suggested rules: fixed hours with a lifeguard (engaged through an agency contract with certified staff); children below a set age only with an adult; shower before entry; no glass, food or diving in shallow areas; displayed depth and emergency numbers; rescue equipment at the poolside; daily chlorine and pH log. The cost is an amenity charge shared equally (Rule 106C-12(4) item 11(viii)). A drowning or serious injury is a police matter; the committee should immediately preserve records and inform its insurer.

Question 22

Can the society ban children from playing cricket or football in the compound, or fine parents for broken windows?

Accepted Answer

The general body can fix where and when games may be played and restrict hard-ball games near cars and windows, but a blanket ban on children playing is unreasonable. Damage caused by play is recoverable from the member whose child caused it; a penalty on top needs the notice-and-hearing procedure. BL 167 (2014) lets the general body, considering the location and open space available, allow games by members and their children during fixed hours, "subject to such restrictions, charges and penalties as it may impose". The draft 2026 bye-laws treat play areas as common amenities for children under supervision (dBL 171(b), 172(d)) and misuse of play areas or gardens as a Category I violation (dBL 175(a)(vi)). Damage to society property is recoverable from the member responsible (dBL 166(b), 176(e), 180(a)); damage to another member's car or window is a matter between the families, which the committee can help settle. Good practice: a marked play zone and hours; soft or tennis balls only near parking; nets where needed; no play on driveways during vehicle movement; a friendly first warning rather than fines on children.

Question 23

The committee keeps the terrace locked. Is that allowed, and who can get access?

Accepted Answer

The society may control access to the terrace for safety and to prevent misuse, but it must not defeat the terrace's role as an escape route in a fire. A common arrangement is a locked door with the key in a break-glass box at the door and with the guard, and access for members on request under the terrace-use rules. Check your building's fire approval, which may require the terrace door to stay openable. An open terrace not in any member's exclusive possession is a common area (BL 3); members cannot occupy it for their own use (BL 168(a)), but the committee may allow temporary use for functions (BL 169; dBL 181) and must give space for members' solar installations where available (BL 169). Outside Mumbai, the state's Unified Development Control and Promotion Regulations say the top terrace of a building shall not be sub-divided and shall have only common access (UDCPR 2020, reg. 9.10.2), and that exit doorways must be openable from the side they serve without a key (reg. 9.29.1(v)). The draft 2026 bye-laws list terraces and refuge areas among spaces that must not be obstructed (dBL 166(a)(iv), 174(b)(iii)), and obstruction of fire exits or refuge areas is a serious violation (dBL 177(a)(iv)). Fire-safety approvals for high-rise buildings often treat the terrace as a refuge or escape area; a padlocked door can defeat that. A balanced policy: no padlocks that cannot be opened from inside in an emergency; key available at the gate 24 hours; access log for maintenance and solar or tank work; railings and parapet checked; children only with adults.

Question 24

A telecom company wants to put a mobile tower on our terrace, and an agency wants a hoarding on the building. Can the society agree?

Accepted Answer

Only by a general-body decision and with the local authority's permission, and after a structural engineer confirms the load is safe. Under the draft 2026 bye-laws the general body fixes the terms, licence fee, period, insurance and use of the income. Under the 2014 bye-laws hoardings are expressly allowed with permission, but letting the terrace is otherwise forbidden, so a tower lease is on weaker ground there. BL 168 (2014) bars the society from letting or giving on leave and licence any terrace or open space "to any person ... for any purpose whatsoever", while BL 169 lets the committee, with the local authority's permission where needed, allow advertisement boards on any part of the building including the terrace on terms approved by the general body. The draft 2026 bye-laws are broader: with prior general-body approval and authority permissions, the society may permit advertisement boards, communication equipment and mobile infrastructure on its property, and the general body determines the terms, licence fees, period, maintenance, insurance and use of revenue (dBL 182(a)-(b)); no member may install such equipment on common areas himself (182(c)). Before agreeing: structural stability certificate; municipal and telecom approvals; indemnity and insurance from the operator; waterproofing responsibility; removal on expiry. The income is the society's and has GST and income-tax consequences — take a chartered accountant's advice.

Question 25

Our society has shops on the ground floor. What rules apply to them — signboards, use of the passage, timings, charges?

Accepted Answer

Shop owners are members with the same rights and duties. Their shops must be used as sanctioned; they cannot occupy the common passage or forecourt with goods or counters; signboards on the building need the society's approval and any municipal licence; and extra insurance premium caused by their goods is theirs to bear. Service charges are shared equally per unit. Under the 2014 bye-laws a "flat" includes a shop, and subletting intimation applies to "flat/shop" (BL 3, 42(2)); common areas cannot be occupied for private use, with a five-times-maintenance charge for encroachment (BL 168(a)). Charges under the 2026 Rules: service charges equally per unit (Rule 106C-12(4) item 1); insurance by carpet area, but "if there is increase in the insurance premium due to storing any specific goods in any flat or unit used for commercial purposes" the extra is borne by those responsible (item 9). The draft 2026 bye-laws forbid members to install advertisement boards or hoardings on common areas or the exterior without the society's written approval (dBL 182(c)), treat unauthorised occupation of common areas and commercial use needing permission as serious violations (dBL 177(a)(vi)-(vii)), and require equal treatment (dBL 132(s)). The society may fix goods-delivery hours and keep the residential entrance separate for security. Customer parking: see parking-320.

Question 26

Can the society forbid domestic workers, drivers and delivery staff from using the main lift or require them to use the service lift?

Accepted Answer

Directing heavy goods, deliveries and work trolleys to a service lift is a reasonable operational rule. Barring domestic workers as people from the main lift, or from sitting in the lobby, is discriminatory and not supported by the bye-laws. Rules should be about the load or task, not the person's status. The committee regulates the operation of lifts for the convenience of members (BL 166, 2014) and may issue reasonable directions on the movement of heavy goods, housekeeping and lifts (dBL 173(b)(vii)-(viii)). The draft also says that no person shall be subjected to arbitrary, discriminatory or unequal treatment or denied a facility on grounds not authorised by law or the bye-laws (dBL 132(s)), and that circulars inconsistent with the bye-laws are void (132(t)). A defensible rule: goods, garbage, construction material, pets on request and delivery trolleys by the service lift where one exists; persons, including domestic workers, may use any lift. Registration of regular workers at the gate is fine; photographs and ID copies are personal data to be kept only as long as needed. Child labour in any flat or for the society is prohibited and must be reported (dBL 165).

Question 27

What changes for nuisance, pets and amenities between the 2014 bye-laws, the 2026 Rules and the draft 2026 bye-laws?

Accepted Answer

The 2014 bye-laws have a short nuisance rule, a general-body penalty capped at Rs 5,000 a year, and rules on common areas and terraces. The 2026 Rules fix how amenity charges are shared (equally by members). The draft 2026 bye-laws add a whole chapter: a right to keep pets, detailed common-area and amenity rules, a two-category violation system with graded procedure, member responsibility for occupants and guests, and temporary-use, signage and renewable-energy rules. 2014 (mh-2014-flat-owner): no nuisance or practices repugnant to decency (BL 47); storage of combustible goods needs permission; penalties by the general body after show cause and hearing, max Rs 5,000 per member per year (BL 164); committee regulates lifts (166); games in open spaces on GB terms (167); no letting or private occupation of common areas, five-times-maintenance charge for encroachment or change of use (168, 168(a)); temporary terrace use, hoardings, solar space (169); complaint procedure (171-173). 2026 Rules (mh-2026-rules): amenities, playground, garden and jogging-track charges equally by members; welfare fund voluntary (Rule 106C-11(7), 106C-12(4)). Draft 2026 (mh-2026-draft): protection of property (dBL 166); pets (167); waste (168); green measures (169); common areas and amenities, timings, internal regulations (171-173); safety (174); Category I minor violations with warning-notice-penalty (175-176) and Category II serious violations with inspection, restoration and penalty (177-179); uniform enforcement, member answerable for occupants, penalties "not to generate revenue" (180); temporary use (181); hoardings and telecom (182); renewable energy (183); complaints (184-186).

Question 28

A member is running an office, clinic or coaching class from his flat. Can the society stop it?

Accepted Answer

A flat may be used only for the purpose permitted by the agreement, the sanctioned plans, the occupancy certificate and the law. Under the 2014 bye-laws, using it otherwise attracts a charge of five times the monthly maintenance for each month of the breach. Under the draft 2026 bye-laws, a change of user needs the planning authority's permission and the society's consideration. Whether a small home office or tuition is permitted depends on the planning rules. BL 168(a) (2014): "Members must use the flat/unit for purpose it was meant/sanctioned". A member violating this pays five times the monthly maintenance charges per month, with retrospective effect for the period of violation. The draft 2026 bye-laws say the same in more detail: - a flat is used only for the purpose permitted under sanctioned plans, the OC, lease conditions and law
  (dBL 36(b));
- no use prohibited by law, or likely to cause nuisance, hazard or danger (dBL 36(c)); - a change of user needs prior permission of the planning authority and a written application to the
  society, considered under any general-body policy with regard to fire safety, common services and
  nuisance (dBL 74);
- unauthorised change of user is a breach. Planning rules in some cities allow limited professional use of a residence, for example a doctor's consulting room or a professional office in part of a flat. Check the local development-control regulations before acting. Process: notice of breach, show-cause, hearing, then penalty or the five-times charge by general-body decision (BL 164, 168(a)). Unauthorised change of user can also be reported to the municipal authority (dBL 190(D)(iii)). Nuisance from visitors can be dealt with separately (see nuisance_pets_amenities-005).

Question 29

Can our society ban pets, or ban particular breeds or big dogs?

Accepted Answer

No. A general body cannot validly ban residents from keeping pets, even by a large majority. The draft 2026 model bye-laws expressly let a member keep pets, subject to law, safety and hygiene. The society can make reasonable rules on conduct in common areas. It cannot decide who may keep an animal at home. The Animal Welfare Board of India, a statutory body under s.4 of the Prevention of Cruelty to Animals Act 1960, issued guidelines to resident associations on 26 Feb 2015 under s.9(k). They say an association cannot "introduce any sort of 'ban'" on keeping pet dogs, even with the majority's consent. They also say it cannot distinguish small and large dogs, and cannot cite barking as a ground (Part I(a)-(c)). The guidelines are advisory. The Maharashtra State Consumer Commission held in 2014 that an earlier AWBI letter was not a statutory rule. Even so, a ban has no footing in the Act, the Rules or the model bye-laws. Dog ownership is regulated by municipal law, for example licensing and vaccination, and by s.11 of the PCA Act (cruelty), not by society resolution. Pressure that forces an owner to abandon a pet can itself be cruelty. Draft bye-law 167 says: - a member may keep pets (167(a)); - no member shall be prohibited "merely because other residents object" (167(b)); - the owner must prevent nuisance and injury, keep common areas clean, vaccinate and register
  the pet, control it in common areas, and pay for any damage (167(c));
- no one may treat an animal cruelly (167(d)).

Question 30

Can the society stop pets using the lift or charge a pet fee?

Accepted Answer

Neither is advisable. The AWBI guidelines say associations cannot bar pets from lifts or charge for it, and cannot impose special fees or fines on pet owners. Where there are several lifts, owners are asked to accept using an alternate one. A pet charge can be challenged, and one Maharashtra levy has already been struck down. The 2015 guidelines cover lifts and fees: - associations "cannot disallow pets from the use of lifts; and no charges can be imposed" (Part
  I(d));
- they cannot impose fines or special charges on pet owners without a central or state law
  (Part I(g)-(h));
- owners, in turn, are advised to leash pets in common areas and not object to using an
  alternate lift (Guidelines for pet owners, 5-6).
In OLVPS CHS the society charged Rs 500 a month per dog for lift use. The State Consumer Commission upheld a refund with costs because no valid general-body resolution existed. It also said the AWBI letter was not statutory. So the question of a properly passed charge is not settled by that case. Rule 106C-12(1)(m) forbids charges that contradict the Act and the Rules. Rule 106C-12(4) item 4 shares lift costs equally among the flats of the building. A per-pet lift charge is hard to square with both. Owners must pay for actual cleaning or damage their pet causes (dBL 167(c)(v)).

Question 31

What can the society require of pet owners, such as a leash, cleaning up and vaccination?

Accepted Answer

Reasonable conduct rules are fine. The society can require pets on a leash in common areas, cleaning up after them, vaccination and registration, fixed times for gardens, and payment for damage. It cannot insist on muzzles, according to the AWBI. The owner is responsible for any nuisance or injury the pet causes. Draft bye-law 167(c) puts the duties on the owner: no nuisance, danger or injury; cleanliness in common areas; vaccination, registration and health; control in common areas; and bearing the cost of injury, nuisance, cleaning or damage. A breach of pet rules is a Category I (minor) violation (dBL 175(a)(ix)). The procedure is a warning, then a notice with an opportunity to explain, then a penalty approved by the general body (dBL 176). Under the 2014 bye-laws the penalty route is BL 164, capped at Rs 5,000 per financial year. The AWBI guidelines: - advise leashing; - say associations cannot insist on muzzles; - suggest agreed timings for pets in gardens rather than bans; - encourage pet-relief areas agreed by consensus (Part I(e)-(h)). An injury by a dog can also lead to police action and a civil claim against the owner.

Question 32

Can residents feed stray dogs inside the society compound, and can the society remove the dogs?

Accepted Answer

Stray dogs cannot be beaten or driven away. Under the Animal Birth Control Rules they are sterilised, vaccinated and returned to the same area. In August 2025 the Supreme Court directed municipalities to set up dedicated feeding spots in each ward and barred feeding on the streets. Inside a society, agree feeding points away from children's areas and entrances, and involve the ward office. The AWBI guidelines of 2015 say beating and driving away street dogs is not allowed. Animal birth control, followed by release into the same territory, is allowed (Part II(1)). The Supreme Court's order of 22 Aug 2025 in the suo motu stray-dog case covers several points: - dogs picked up are sterilised, immunised and released where they were found, except rabid or
  aggressive ones (para (a)-(b));
- municipal authorities are to create dedicated feeding spaces in each ward (para (d)); - "under no condition shall the feeding of stray dogs on the streets be permitted" (para (d)); - each municipality is to set up a helpline (para (e)). The Bombay High Court has supervised the fixing of designated feeding areas inside a housing complex (Paromita Puthran; RNA Royale Park CHSL, 2023). Practical steps for the committee: - agree feeding points and times with the carers; - keep them away from play areas, lifts and entrances; - ask carers to keep sterilisation and vaccination records; - call the municipal ABC programme for problem animals. Do not relocate or poison dogs; that is an offence.

Question 33

A neighbour plays loud music late at night. What can the society do?

Accepted Answer

The committee can act on the complaint. It can warn the neighbour, give notice and hear them, and then impose a penalty under the bye-laws. For loudspeakers and noise at night, the police can enforce the Noise Pollution Rules. Persistent nuisance can also go to the Co-operative Court or a civil court. BL 47(a) forbids a member to do anything in the flat that causes nuisance, annoyance or inconvenience to other members. The committee may act on a complaint or on its own (BL 47(b)). The penalty needs the show-cause and hearing procedure of BL 164, capped at Rs 5,000 per financial year. The draft 2026 bye-laws treat "nuisance, excessive noise or disorderly behaviour" as a Category I violation. The steps are a warning, then a notice, then a penalty the general body has approved (dBL 175-176). For loudspeakers and amplified sound, the Noise Pollution (Regulation and Control) Rules 2000 restrict use at night. The police are the enforcing authority (BL 173(e)). Record the complaint in the complaint register. It must be acknowledged, decided at the next committee meeting and the decision communicated within 15 days (BL 171-172; dBL 185-186).

Question 34

Can a member use or enclose the terrace, the passage outside the flat, or the open space?

Accepted Answer

No private use without permission. Terraces, staircases, landings, passages, parking and open spaces are common areas. A member who encroaches must vacate and, under the 2014 bye-laws, pay five times the monthly maintenance for each month of encroachment. The committee may allow temporary use of the terrace for a function on charges fixed by the general body. BL 168 bars the society from letting common spaces to anyone. BL 168(a) bars members from occupying staircases, landings, parking, lifts, corridors and similar spaces. It sets the five-times-maintenance amount for encroachment and for unauthorised change of use. BL 169 allows the committee to permit temporary terrace use for a function on application, on charges the general body fixes. It also requires terrace space to be given, as available, to members who want to install solar water heating or solar power. The draft 2026 bye-laws prohibit obstructing passages, terraces, refuge areas and fire exits (dBL 166(a)(iv)). They classify encroachment on common areas as a Category II (serious) violation (dBL 177). Blocking fire exits and refuge areas is also a fire-safety offence. Report it to the fire authority if necessary.

Question 35

Can the society keep hawkers, salespeople and delivery agents out of the building?

Accepted Answer

Yes, within reason. The society's premises are private property, and the committee can regulate who enters, where vendors wait and at what times. That includes a visitor log and confirming with the resident. It should not block a resident's own lawful visitors or service providers, and it must handle visitor data lawfully. The committee regulates the use of common areas and amenities, including timings and access, under rules the general body approves (dBL 171-173). Hawking on public streets is governed by the Street Vendors Act 2014 and municipal schemes. That law does not give a vendor a right to trade inside a private housing society. A gate policy should cover: - how entry is approved by the resident; - a waiting area for delivery staff; - no selling in lobbies or passages; - short retention of visitor records. Visitor logs and gate photographs are personal data. The DPDP Act 2023 duties of notice, minimisation and retention apply from 13 May 2027 (see records_rti_privacy-005). The 2014 bye-laws fix no retention period for visitor logs. Treat all vendors and domestic workers alike. Rules that single out a community or profession invite complaints.

Question 36

Can the society fix timings and rules for the gym, pool, clubhouse and children's play area?

Accepted Answer

Yes. The committee or the general body can fix timings, safety rules and reasonable charges for amenities, and can close them temporarily for repairs or safety. The rules must apply equally to all residents. Amenity charges are shared equally among members. Draft bye-laws 171-173 cover amenities: - the gym, pool, clubhouse, hall, garden and play areas are common amenities; - the society may fix and display timings; - the committee may temporarily restrict use for repairs, hygiene or safety; - children use facilities under supervision. BL 167 (2014) lets the general body permit games in open spaces during fixed hours, with restrictions and charges. Amenity, playground, garden and jogging-track charges are apportioned "equally by members" (Rule 106C-12(4) items 11(viii)-(ix)). A tenant or occupant uses amenities on the same rules as the member, subject to the society's policy. A breach of amenity rules is a Category I violation (dBL 175(a)(i), (vi)).

Pets, nuisance & amenitiesपाळीव प्राणी, उपद्रव व सुविधा