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Parking on a baccha flat Parking on a baccha flat

1 year ago

I live in a 1 bhk flat in same building there is a baccha flat in ground floor and despite we have registered parking for two wheeler in our registry we have been forced to keep our vehicle outside house. Kindly suggest my rights and action I can take ?

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
Rights and Duties of residents and Tenants in an apartment society
Rights of the residents in an apartment society:
• Every apartment owner is obliged to be a member of the apartment association which is formed for the welfare of the people.
• If it is a joint ownership, the first person named in the title document will be the member.
• Every apartment owner will be bound by the bye-laws.
• Residents of apartment are either apartment owners or tenants.
• All apartment owners are termed as members of society or association and all tenants who are staying in the apartment on a rented basis are termed as associate members.
• A resident has the right to attend the general assembly meeting and discuss the subjects.
• A resident has the right to get a copy of the co-operative society act and the bye-law.
• A resident has the right to get the list of members and managing committee.
• A resident has the right to get reports such as balance sheet, profit and loss A/c, details of income and expenditure of the society.
• A resident should not be discriminated between the members.
• A resident should not be imposed with unlawful restrictions.
• A resident has the right to get attended or addressed about his complaints and grievances.
• A resident has the right to take decision on the rate of contribution regarding the maintenance fee, maintenance and repair fund and sinking fund etc.
• A resident has the right to take decision about the penalty to be charged on members, violating by-laws of the society and to determine its amount.
• A resident has the right to participate in all activities of the society.
• A resident has the right to attend and vote at general body meeting.
• A resident has the right to contest election.
• A resident has the right to seek information from the society.
• A resident has the right to get the minutes of meeting.
• A resident has the right to inspect documents, books and records with prior notice to the management committee.
• A resident has the right to the occupation of flats.
• A resident has the right to complain at the registrar in case of an improper functioning of a society.
• A resident has the right to acquire the share certificate.
• A resident has the right to know about the affairs of the society.
• A resident has the right to transfer/inherit the property.
• A resident has the right to undivided interest of the common areas.
• A resident has the right to use the common area as needed.
Duties of the residents:
• A resident has to follow the regulations created in the general body meeting or managing committee meeting.
• A resident has to provide the necessary information and documents to the registrar or to the society.
• A resident has to follow the rules of the association and obey the bye-law.
• A resident should ensure that they maintain cleanliness in the common areas.
• A resident should respect their neighbours and their privacy.
• A resident should maintain good relationship with their society members.
Rights and duties of a tenant in an apartment society:
Rights of the tenants:
• The tenants have the right to get the leasehold/tenancy agreement.
• The tenant should be aware about the rules of having pets in an apartment.
• The tenants have the right to get proper receipt for the deposit, rent and maintenance paid.
• The tenants have the right to get a copy of bye-law and rules of association.
• The tenants are the associate members of the apartment association.
• The tenants have no right to vote or in an association decision making.
• The tenant should respect their neighbour’s privacy and follow the apartment bye-laws.
• The tenant has the right to use common areas and notify the landlord about any issues.
• The tenant should follow the guidelines for inviting guests and use the common areas.
• The tenant will not be discriminated between the members of the association and themselves.
• The tenants will not have any unlawful restrictions on them.
• The tenants have the right to invite the guests and use the common area or amenities.
• The tenants have the right to get parking badge or sticker on the vehicle.
• The tenants have the right to hire a domestic help.
• The tenants have the right to get apartment staff help like plumber, electrician, carpenter, pest control, etc.
• The tenants have the right to attend the association meeting on behalf of the landlord, if authorised by the owner of the flat in writing and agreed by the managing committee.
Duties of a tenant:
• The tenants are the members of the association and are bound by the bye-laws.
• A tenant should follow the rules and regulations created by the association.
• A tenant should regularly pay the maintenance charges in order to use the common are facilities.
• A tenant should ensure that they pay rent and maintenance fees on time.
• A tenant should interact with the managing committee or the apartment owner concerning the monthly charges.
• A tenant has to maintain the common areas clean.
• Tenants are responsible for the actions of their guests.
• A tenant should have apartment dumpster etiquette.
• A tenant should avoid having big parties or loud get-togethers
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