I have a huge balcony which isn’t being used at all. I plan to break down the wall separating the balcony from a bedroom and include it within the bedroom to make it larger.
My society’s managing committee members have been warning me against doing so saying that I will have to face the consequences if I alter my premises.
They have gone to the extent of saying that I can even be expelled for doing so. Is it possible for a society to expel a member for altering his own home? Please advice a future course of action.
— Mohit Jain, Chira Bazaar
Besides the BMC being in a position to demolish your illegal structure, your housing society can expel you by law.
A member of a housing society must obtain prior permission of the society and Municipal Corporation before constructing any permanent structure in his apartment or making any permanent alteration to the existing structure.
If a member violates these provisions, the society can get the structure demolished by complaining to Municipal Corporation.
Besides, the society can also take action against the member for violating the society’s Bye-Laws.
For instance, the society can pass a resolution demanding compensation for the inconvenience caused to the other members or even expel the member for breach of Bye-Laws.
But then, all this can easily be avoided, provided the member who want to make some structural changes in his/her apartment, seeks pre-requisite permission from the society and Municipal Corporation.
The rationale is to ensure that the structural changes made – both external and internal - do not hamper the structural stability of the building.
The correspondence must state the exact details of the changes that you wish to make to your apartment. That apart, other relevant information must also be provided.
For instance, the name, qualifications and area of specialisation of the structural engineer who’ll carry out the changes; an undertaking that the adjoining apartments will not be damaged and no inconvenience shall be caused to the other members of the cooperative housing society.
And, if at all there’re some damages, you will be obliged to compensate.
Though the basic procedure to go about making structural changes within one’s apartment is the same, there may be some minor differences vis-à-vis the internal management of every housing society.
You may need to obtain the necessary permission from your cooperative housing society as well as the BMC to make the requisite changes.
Executing structural changes in one’s apartment is a long-term decision and it’s essential to keep all the paper work in order, get all the required permission so that the entire process is as smooth-sailing as possible, not just for you but also for the other members of the housing society.