Chapter XVII: Emergency Planning, Safety, Environment and Sustainability

Bye-law 162. Emergency Planning and Disaster Preparedness

(a)The Managing Committee shall prepare and maintain an Emergency Planning and Disaster Preparedness Scheme for the Society building, common areas and immediate surroundings.

(b)The Scheme shall, as far as practicable, include provisions regarding:

(i)identification of possible risks such as fire, structural danger, flood, electrical failure, lift failure, medical emergency and other disasters;

(ii)evacuation routes, assembly points and emergency access;

(iii)contact details of Police, Fire Brigade, Municipal Authorities, hospitals, ambulance services and other emergency agencies;

(iv)duties of Committee Members, employees, security staff and residents during emergencies;

(v)rescue, first aid, communication and temporary restoration of essential services;

(vi)location and maintenance of fire-fighting systems, alarms, emergency lights, pumps, generators and other safety equipment.

(c)The Scheme shall be reviewed at least once in every co-operative year and placed before the General Body Meeting for information.

(d)The Society may conduct mock drills, awareness programmes and training sessions for fire safety, disaster management, first aid and emergency response.

Bye-law 163. Emergency Contact Information

(a)The Society shall maintain and periodically update emergency contact information of:

(i)Members and occupants;

(ii)Government and emergency authorities;

(iii)electricity, water supply, lift, fire-fighting, security and other essential service providers;

(iv)nearby hospitals, doctors, ambulances and medical facilities.

(b)Such information shall be kept readily available with the office of the Society, security staff and such responsible persons as may be authorised by the Managing Committee.

Bye-law 164. General Safety and Statutory Compliance

(a)The Society shall comply with all applicable laws, permissions, directions and requirements relating to fire safety, structural safety, public health, sanitation, disaster management, environmental protection, lifts, electrical installations and common facilities.

(b)The Managing Committee shall ensure that statutory inspections, certificates, audits, renewals and maintenance contracts required under law are obtained or renewed within the prescribed time.

(c)No Member, occupant, tenant, visitor or any other person shall do any act which may endanger the safety, security, health, hygiene or structural stability of the building, common areas or residents.

(d)Where any serious safety risk, structural defect, fire hazard or statutory violation is noticed, the Managing Committee shall take immediate steps to inform the concerned authority and take reasonable preventive or corrective measures.

Bye-law 165. Prohibition of Child Labour

(a)Employment of child labour within the Society premises shall be strictly prohibited in accordance with law.

(b)The Managing Committee shall inform Members, contractors, agencies and service providers that no child labour shall be engaged for any work within the Society premises.

(c)Any violation noticed by the Society shall be reported to the competent authority.

Bye-law 166. Protection of Society Property, Trees and Common Assets

(a)No Member, occupant, tenant, visitor or any other person shall:

(i)damage, deface, misuse or destroy any property of the Society;

(ii)cut, remove, damage or destroy trees, plants, landscaping or greenery without permission of the competent authority, wherever required;

(iii)make any unauthorised construction, alteration, enclosure or encroachment in common areas;

(iv)obstruct passages, staircases, lobbies, terraces, refuge areas, fire exits, emergency access routes or fire-fighting equipment;

(v)tamper with lifts, pumps, meters, CCTV, fire systems, electrical panels, water lines, drainage lines or any common installation.

(b)Any loss, damage or expense caused by such act may be recovered from the concerned Member or person responsible, without prejudice to any action under law.

Bye-law 167. Regulation of Pets and Animal Safety

(a)A Member may keep pets in his flat, subject to applicable laws, municipal regulations and reasonable safety and hygiene requirements.

(b)No Member shall be prohibited from keeping a pet merely because other residents object to keeping of pets in the premises.

(c)The owner of the pet shall ensure that:

(i)the pet does not cause nuisance, danger or injury to residents;

(ii)cleanliness is maintained in common areas;

(iii)vaccination, registration and health requirements are complied with;

(iv)the pet is properly controlled in common areas;

(v)any injury, nuisance, cleaning cost or damage caused by the pet is borne by the owner.

(d)No person shall treat any animal with cruelty.

(e)The Society may coordinate with the local authority or recognised agencies for vaccination, sterilisation and humane management of stray animals.

Bye-law 168. Waste Management and Cleanliness

(a)The Society and all Members shall comply with municipal solid waste management rules and directions of the local authority.

(b)Every Member and occupant shall:

(i)segregate waste as required by the local authority;

(ii)dispose of waste only at designated places;

(iii)not throw waste in passages, staircases, lifts, open spaces, drains, terraces or adjoining properties;

(iv)maintain cleanliness in and around his premises.

(c)The Managing Committee shall make reasonable arrangements for collection, segregation, storage, composting, recycling and disposal of waste, wherever applicable.

(d)No person shall create unhygienic conditions or dispose of waste in a manner harmful to public health, cleanliness or environment.

Bye-law 169. Environmental Sustainability and Green Measures

(a)The Society shall, as far as practicable, promote water conservation, energy efficiency and environment-friendly maintenance of the Society property.

(b)The Society may adopt measures such as rainwater harvesting, reuse of treated water, prevention of water leakage, energy-efficient lighting, solar energy systems, tree plantation, landscaping, composting and electric vehicle charging infrastructure, wherever feasible and permissible.

(c)Every Member shall maintain internal plumbing and sanitary fittings so as to prevent leakage, seepage and wastage of water.

(d)No Member or occupant shall cause pollution, contamination, discharge of hazardous substances or environmental damage within the Society premises.

Bye-law 170. Safety Records and Community Resilience

The Society may maintain and periodically update:

(a)safety records, statutory compliance registers and maintenance records;

(b)electronic backup of important Society records;

(c)standard operating procedures for emergencies;

(d)contingency arrangements for essential services;

(e)records of safety complaints and action taken thereon;

(f)awareness programmes for Members, residents, employees and service providers.

Bye-law 171. Use of Common Areas and Amenities

(a)All Members, Joint Members, Associate Members, Provisional Members, tenants, occupants, family members, guests and visitors shall use the common areas and amenities in a proper, disciplined, safe and lawful manner.

(b)Common areas and amenities shall include passages, staircases, lifts, lobbies, terraces, refuge areas, gardens, open spaces, parking areas, gymnasium, swimming pool, clubhouse, community hall, play areas and such other facilities provided by the Society.

(c)The use of amenities shall be subject to timings, safety norms, maintenance requirements and reasonable guidelines framed by the Managing Committee or approved by the General Body Meeting.

(d)No person shall use any common area or amenity in a manner causing nuisance, obstruction, inconvenience, risk, damage or disturbance to other residents.

(e)No common area or amenity shall be used for any unlawful, hazardous, commercial or unauthorised purpose without necessary permission of the Society and the competent authority, wherever required.

Bye-law 172. Timings and Regulated Use of Facilities

(a)The Society may fix and display timings for use of gymnasium, swimming pool, garden, clubhouse, play area, community hall and other common amenities.

(b)Every Member, occupant, guest and visitor shall follow the prescribed timings, safety instructions and user guidelines.

(c)The Managing Committee may temporarily restrict use of any amenity for repairs, maintenance, safety, hygiene, statutory compliance or special circumstances.

(d)Children shall use common facilities subject to supervision and safety conditions prescribed by the Society.

(e)No person shall use any facility beyond permitted timings or in breach of prescribed rules.

Bye-law 173. Internal Regulations for Common Areas and Society Property

(a)The Managing Committee may, subject to these Bye-laws and the resolutions of the General Body Meeting, regulate the use, operation, maintenance and management of the common areas, common amenities and common facilities of the Society.

(b)Without prejudice to the generality of the foregoing, the Society may prescribe rules regarding—

(i)use of common areas and amenities;

(ii)timings for use of common facilities;

(iii)use of gymnasium, swimming pool, clubhouse, community hall, gardens, play areas and recreational facilities;

(iv)temporary use of terraces, open spaces and other common areas;

(v)advertisement boards, communication equipment and similar installations;

(vi)renewable energy systems, electric vehicle charging infrastructure and other common facilities;

(vii)parking discipline, movement of heavy goods, housekeeping and waste management;

(viii)operation of lifts, water supply, electrical installations, fire-fighting systems and other common services;

(ix)pets, cleanliness, hygiene, water conservation and environmental protection;

(x)such other operational matters as may be necessary for proper administration of the Society.

(c)The Managing Committee may issue operational guidelines consistent with these Bye-laws and the resolutions of the General Body Meeting.

(d)Every Member, Joint Member, Associate Member, Provisional Member, occupant, tenant, licensee, family member, employee, contractor, guest and visitor shall comply with these Bye-laws, the lawful resolutions of the General Body Meeting and the lawful directions issued by the Society.

Bye-law 174. Safety of Structure, Common Property and Statutory Compliance

(a)Every Member and occupant shall use his flat, common areas and Society property in a safe, lawful and responsible manner and shall not undertake any act which is likely to affect—

(i)structural stability;

(ii)fire safety;

(iii)emergency access or refuge areas;

(iv)waterproofing;

(v)common services or installations;

(vi)public health or environmental safety;

(vii)rights of other Members in the common property.

(b)No person shall—

(i)carry out unauthorised construction, structural alteration or encroachment;

(ii)damage or interfere with common property or common installations;

(iii)obstruct passages, staircases, fire exits, refuge areas or emergency access;

(iv)misuse lifts, electrical systems, pumps, fire-fighting systems or other common utilities;

(v)undertake any activity contrary to applicable law or Government directions.

(c)The Managing Committee shall ensure compliance with statutory safety requirements and shall take prompt steps to protect the building, common property and residents whenever any unsafe condition, structural defect or statutory violation comes to its notice.

Bye-law 175. Category I – General or Minor Violations

(a)The following shall ordinarily be treated as Category I (General or Minor) violations, namely—

(i)breach of operational rules relating to common amenities;

(ii)violation of timings prescribed by the Society;

(iii)nuisance, excessive noise or disorderly behaviour;

(iv)littering, spitting or failure to maintain cleanliness;

(v)failure to segregate waste;

(vi)misuse of play areas, gardens or recreational facilities;

(vii)minor misuse of lifts or common facilities not resulting in damage;

(viii)water wastage or failure to rectify internal leakage after notice;

(ix)breach of pet regulations;

(x)temporary obstruction capable of immediate removal;

(xi)breach of any other internal regulation not affecting structural safety, common property rights or statutory compliance.

(b)A Category I violation shall not include any violation affecting structural stability, fire safety, common property, statutory permissions or public safety.

Bye-law 176. Procedure and Penalty for Category I Violations

(a)Where a Category I violation is noticed, the Managing Committee may record the violation on the basis of direct observation, CCTV footage, written complaint or any other reliable material.

(b)The Society may issue a warning for a first minor violation.

(c)Where the violation continues or is repeated, the Society shall issue notice giving reasonable opportunity to explain.

(d)After considering the explanation, the Managing Committee may impose a penalty as approved by the General Body Meeting, subject to the maximum amount permissible under law.

(e)Any cleaning charges, restoration expenses or damage caused shall be recoverable separately from the Member.

(f)The penalty and other recoverable charges shall be recoverable as dues of the Society.

(g)The Society shall maintain a register of notices, violations and penalties and shall ensure that penalties are imposed uniformly, transparently and without discrimination.

Bye-law 177. Category II – Serious Violations

(a)The following shall ordinarily constitute Category II (Serious) violations—

(i)unauthorised structural alteration or demolition;

(ii)unauthorised construction, extension or encroachment;

(iii)alteration affecting structural stability or waterproofing;

(iv)obstruction of fire exits, refuge areas or emergency access;

(v)damage to common property, lifts, electrical systems, pumps, fire-fighting systems or other common installations;

(vi)unauthorised occupation or exclusive use of common areas;

(vii)unauthorised change of user or commercial use requiring statutory permission;

(viii)unauthorised installation of permanent structures, advertisement boards, communication equipment or renewable energy systems on common property;

(ix)pollution, hazardous activities or storage of dangerous materials;

(x)cutting of trees or damage to landscaping;

(xi)any violation requiring action by the Municipal Corporation, Fire Authority, Planning Authority, Police or any other competent authority;

(xii)any act likely to endanger life, structural safety or public safety.

(b)Every violation not falling under Bye-law No. 175 shall not automatically be treated as a Category II violation unless it falls within sub-bye-law (1).

Bye-law 178. Procedure for Category II Violations and Restoration

(a)On noticing a Category II violation, the Managing Committee shall immediately inspect the site and record the nature of the violation.

(b)Where necessary, the Committee may obtain inspection and reports from an Architect, Structural Engineer, Fire Consultant, Electrical Engineer, Lift Consultant or any other competent professional.

(c)The Society shall issue a detailed notice directing the Member to discontinue the violation, restore the property or submit explanation within the specified period.

(d)Where the violation falls within the jurisdiction of any statutory authority, the Society shall promptly report the matter to the concerned authority and seek appropriate action.

(e)The primary object of proceedings under this Bye-law shall be restoration of the property, removal of the unauthorised work, protection of structural safety and compliance with law.

(f)Where the Member fails to comply with the notice, the Society may—

(i)undertake or arrange restoration work;

(ii)remove the unauthorised work, wherever legally permissible;

(iii)take temporary protective measures where immediate danger exists;

(iv)initiate proceedings before the competent authority or court;

(v)recover all expenses incurred from the concerned Member as dues of the Society.

(g)Where the violation creates imminent danger to life, property or structural safety, the Society may take immediate protective measures without waiting for expiry of the notice period.

Bye-law 179. Penalty for Category II Violations

(a)Where a Member fails to comply with the notice issued under Bye-law No. 178 or continues or repeats the violation, the Managing Committee may, after giving reasonable opportunity of hearing, impose such penalty as may be approved by the General Body Meeting and permissible under law.

(b)The penalty shall be in addition to restoration charges, professional fees, legal expenses and any action taken by statutory authorities.

(c)Each continuing violation may constitute a separate breach until rectified.

Bye-law 180. Recovery, Records and Uniform Enforcement

(a)Every Member shall be responsible for the acts and omissions of his family members, occupants, tenants, licensees, employees, contractors, guests and visitors.

(b)All costs incurred by the Society towards inspection, professional reports, temporary safety measures, restoration, repairs, cleaning, removal of unauthorised work, legal proceedings or statutory compliance shall be recoverable from the concerned Member as dues of the Society.

(c)The Society shall maintain proper records of inspections, notices, photographs, complaints, professional reports, penalties, recovery and action taken.

(d)These Bye-laws shall be enforced uniformly, fairly and without discrimination. Similar violations shall ordinarily attract similar action.

(e)The object of these Bye-laws is to secure compliance, safety, discipline, restoration and protection of the common property, and not to generate revenue through penalties.

Bye-law 181. Temporary Use of Common Areas and Society Property

(a)The Managing Committee may, on a written application by a Member and subject to the policy approved by the General Body Meeting, permit temporary use of the community hall, clubhouse, lawns, open spaces, terraces or such other common amenities as may be designated by the Society for social, cultural, educational, recreational or family functions.

(b)Such permission shall be subject to the following conditions:—

(i)the use shall not obstruct entrances, exits, passages, emergency access, refuge areas, fire-fighting installations or essential services;

(ii)the use shall not cause nuisance, excessive noise, inconvenience or damage to the Society or other residents;

(iii)no permanent structure, enclosure, alteration, excavation or installation shall be made without approval of the Society and of the competent authority, wherever required;

(iv)the applicant shall maintain cleanliness and restore the premises to their original condition immediately after completion of the permitted activity;

(v)the applicant shall be responsible for any loss, damage or expense caused to the Society property and shall reimburse the Society accordingly;

(vi)the Society may recover such user charges, refundable security deposit and other charges as may be approved by the General Body Meeting.

(c)Permission granted under this Bye-law shall be temporary, non-exclusive and revocable and shall not create or confer any tenancy, licence, easement, possessory right or any other right, title or interest over the common areas.

Bye-law 182. Advertisement Boards and Communication Installations

(a)The Society may, with the prior approval of the General Body Meeting and subject to applicable law and permissions of the competent authority wherever required, permit installation of advertisement boards, signages, display panels, communication equipment, mobile infrastructure, digital display systems or similar installations on Society property.

(b)The General Body Meeting shall determine the terms, licence fees, period, maintenance obligations, insurance requirements and utilisation of revenue derived from such installations.

(c)No Member shall independently install or permit any advertisement board, hoarding, antenna, communication equipment or similar installation on any common area or exterior portion of the building without prior written approval of the Society.

Bye-law 183. Renewable Energy and Energy Conservation

(a)The Society shall, as far as practicable, promote renewable energy, energy conservation and sustainable management of common facilities in accordance with applicable law.

(b)Subject to technical feasibility, structural safety and financial viability, the Society may install solar photovoltaic systems, solar water heating systems, electric vehicle charging infrastructure, battery storage systems and other renewable energy systems on terraces or other suitable common areas for the common benefit of the Society.

(c)Such installation shall be subject to—

(i)approval of the General Body Meeting;

(ii)structural stability certification wherever required;

(iii)compliance with applicable laws, Government policies, Development Control Regulations and safety standards;

(iv)ensuring that the installation does not adversely affect structural stability, waterproofing, fire safety, emergency access, refuge areas or essential services of the building.

(d)The General Body Meeting shall determine the manner of utilisation of electricity or energy generated, allocation of benefits, recovery of expenditure, maintenance responsibilities and operation of such systems.

(e)Individual installation of solar or other renewable energy systems by Members on common areas shall ordinarily not be permitted.

Provided that, where adequate surplus space is available and the Society has no proposal to install a common renewable energy system, the Managing Committee may grant permission in accordance with a uniform policy approved by the General Body Meeting, subject to structural safety, technical feasibility, applicable laws and such terms and conditions as the Society may prescribe.

(f)Where the Managing Committee refuses such permission, the concerned Member may, within thirty days of communication of the decision, submit a representation to the Society. The representation shall be placed before the next General Body Meeting or a Special General Body Meeting convened for the purpose. The decision of the General Body Meeting shall be final and binding.