By Accommodation Times News Service
Ordinarily most of the members have children to play in the compound of the Society. Some members may reside all alone, some members may not have any children and some members may be of advanced age. Such persons raise objections regarding the play of the children in the compound of the Society. To my mind such objections are of no importance at all.
A member of a Housing Co-operative Society Mr. Rusi B. Amalsadwala want to know whether there is anything mentioned in the Old Bye-Laws or in the Model Bye-laws regarding the play of children in the Society’s compound. Mr. Amalsadwala would further like to know whether, that if the children are allowed to play cricket in the compound of a Society and if the glass window is broken by a child as to who should make good the loss ? Is it the child’s parents or the Society? Should the Society allow the children to play in the passage of the building?
If a Society has a compound then naturally it should give permission to the members of children top play at regular period of time. Nothing is mentioned in the Old Bye-laws about the playing of children in the compound of the Society. However in the Model Bye-laws under Clause 168, it is mentioned
that at the meeting of the General Body of the Society it may be decide taking into consideration the location of the building and its surroundings and open space available for playing games by the members of the Society and their children to allow such games to be played during such hours as may be fixed at such meeting and subject to such restrictions, charges, penalties as may be imposed. Thus once a resolution is passed by the General Body not only the children can play but even the members can play if they so desire, in the compound.
Now if the children play cricket in the compound of the Society. To my
mind such objections are of no importance at all. Now if the children play cricket in the compound of the Society and the ball hits the glass window of the member, and as a result the glass window is broken, who could be held
responsible for the same ? The answer to the same would depend upon the Annual General Meeting. The Society has a right to penalize the child’s parents if a glass window is broken. Usually it is rather difficult to point out the child who is responsible for the damage. However, once the blame is established the responsibility would lie with the child’s parents if the resolution to that effect is passed by the Society. It does happen that sometimes children do not play in the compound of the Society but instead start playing in the passage of the building.
The question is whether the Society has a right to prevent the children from playing in the passage of the building ? The answer to the same is in the affirmative.In my humble opinion every Society should be strict so that the children are not allowed to play in the passage of the building. It does happen
that in spite of the instructions, rules and regulations the children
start playing in the passage. Some times for fun sake the children start
ringing the door bell of many flats thus causing nuisance and annoyance
to the members of the Society. What could be done about it ?
The watchman and the Manager of the Society should be strictly instructed
to stop the children from playing in the passage of the building.
If the Society’s compound there is a small garden then can the Society
install swings, see-saws merry-ground etc ? Certainly, infact it is essential
since very small children cannot always play with the grown ups.
They do require separate space to play. The Annual General Body of the
Society has full right to sanction such expenses, and in humble opinion
they should not grudge in passing such an expense. Can the Society
spend on providing bench in the Society’s compound for the parents
or the servants of the children to sit down especially to look after the small
kid s whilst they are playing and hence if the Society spends a certain
amount for making sitting arrangements for either parents or servants
by constructing bench, then in my humble opinion such an expense is absolutely justified.