3 Answers
Dear Client,
The society can only force this on you if the resolution was passed properly and if it fits within the law and the society’s own bye-laws. If notice or quorum was missing, the resolution is void. A new rule like this may also need to be added as a bye-law amendment, which has its own procedure. Societies can control common property and services, but they have a weak case for making you remove a tank that sits entirely inside your own flat and doesn't touch anything common. If the society allowed the installation or knew about it and said nothing, you can argue it can’t turn around and object now.
Lastly, get the resolution, the meeting notice, the minutes and the bye-laws, and check whether the process was followed. Then write to the society asking them to regularise the tank, and attach a structural engineer’s certificate and a promise to bear the cost of any leakage. Answer any notice they send in writing. If they keep pushing, where you take the dispute depends on your state and the type of society, usually a statutory dispute authority for a co-operative society, and generally the civil court for an apartment owners’ association.
I hope this answer helps if you have any further queries, kindly do not hesitate to contact us.
Dear Client,
The validity and enforceability of the society’s resolution will depend on the applicable State cooperative housing/society law, the society’s registered bye-laws, the terms of your sale deed, and the nature and location of the water tank.
Any housing society could control the changes or installations in any flat especially when they can pose any danger to the structure, communal areas, plumbing, water supply, sanitation, etc. Nonetheless, it does not necessarily mean that just because there is a resolution, all the current installations must automatically be removed. The society must always act according to their power bestowed on them by the relevant laws and bye-laws of the society. Moreover, the resolution must have been legally passed through the proper procedure.
You have already incurred some costs; therefore, you should obtain a copy of the resolution, the bye-laws used by the society and the notice for the removal of the tank. It would also be necessary to establish if the tank lies only within your flat or if it touches a communal area.
In case there is any inconsistency between the resolution or removal direction and the bye-laws or law, one may file an objection in writing and ask for reconsideration. In some States and societies, there may be another dispute to be raised at the competent registrar or cooperative authorities or other competent forums.
The correct remedy would have to take into consideration the particular State and bye-laws of the society.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Client,
1. Legal Position
Internal Demarcation vs. Structural Safety: You have ownership rights inside your flat, but the society can regulate additions if they pose a structural safety hazard (excess dead weight on slabs) or cause seepage issues to flats below.
Retrospective Application: A new resolution generally cannot be enforced retrospectively with penalties unless there is an objective, technical risk (e.g., structural engineer’s audit report showing danger).
2. Immediate Recommended Steps
Obtain a Structural Safety Certificate:
Hire a certified structural engineer or architect to inspect your internal tank setup.
Get a written certificate confirming that the tank’s placement does not compromise the building's load-bearing capacity, cause vibrations, or risk seepage.
Submit a Formal Reply to the Society:
Write through an Advocate to the Managing Committee stating that the installation was completed prior to the resolution at significant expense.
Hope this answer helps!
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