common area between flats
9 months ago
We live in a high rise building having four flats on each floor. I have a 1.5 bhk flat and my neighbour has 1 bhk flat. Now he is keeping his shoe rack towards my door and using more than half of the area between the two flats i.e. my door and his door.
Is it valid to use more than half area?
all other members use it on 50-50 basis but he is not following them, can I complain somewhere?
We are still in process of forming an association, once association is formed can it intervene legally into this?
A.Dear client,
Property Rights and Boundaries: The first step is to clarify the property boundaries and common areas between the flats. Check your property documents and the building's layout plan to understand the demarcation of individual flats and common areas.
Common Areas Usage Policy: If there is an existing policy or agreement among the residents about the usage of common areas, it should be followed by all members, including your neighbor. If no such policy exists, it's a good idea for the association to develop one after its formation.
Association Intervention: Once the association is formed, it may have the authority to intervene in disputes between residents, including issues related to the usage of common areas. The association can establish rules and regulations regarding common area usage, and any violations can be addressed as per the established procedures.
Talk to the Neighbor: Before escalating the matter, consider having a calm and respectful conversation with your neighbor. Explain the concern and express the need to follow the common area usage policy agreed upon by others.
Legal Advice: If the issue remains unresolved, you may want to seek legal advice from a qualified attorney or property expert who can guide you on your rights and potential courses of action. They can help you understand if the neighbor's usage of the common area is legally permissible or not.
Dispute Resolution Mechanism: The association can establish a dispute resolution mechanism to address conflicts between residents. This can involve mediation, where a neutral third party helps facilitate a resolution, or other procedures agreed upon by the association.
Formal Complaint: If all attempts at resolution fail, you can submit a formal complaint to the association once it is formed. They can assess the situation, review the rules and regulations, and take appropriate action to resolve the issue.
Property Rights and Boundaries: The first step is to clarify the property boundaries and common areas between the flats. Check your property documents and the building's layout plan to understand the demarcation of individual flats and common areas.
Common Areas Usage Policy: If there is an existing policy or agreement among the residents about the usage of common areas, it should be followed by all members, including your neighbor. If no such policy exists, it's a good idea for the association to develop one after its formation.
Association Intervention: Once the association is formed, it may have the authority to intervene in disputes between residents, including issues related to the usage of common areas. The association can establish rules and regulations regarding common area usage, and any violations can be addressed as per the established procedures.
Talk to the Neighbor: Before escalating the matter, consider having a calm and respectful conversation with your neighbor. Explain the concern and express the need to follow the common area usage policy agreed upon by others.
Legal Advice: If the issue remains unresolved, you may want to seek legal advice from a qualified attorney or property expert who can guide you on your rights and potential courses of action. They can help you understand if the neighbor's usage of the common area is legally permissible or not.
Dispute Resolution Mechanism: The association can establish a dispute resolution mechanism to address conflicts between residents. This can involve mediation, where a neutral third party helps facilitate a resolution, or other procedures agreed upon by the association.
Formal Complaint: If all attempts at resolution fail, you can submit a formal complaint to the association once it is formed. They can assess the situation, review the rules and regulations, and take appropriate action to resolve the issue.
Helpful
Helpful
Share
Read Related Answers
Forcefully shifting PG
Dear Client,
A dispute between a tenant/PG and landlord/Building owner is resolved under the state-specific Rent Control Act under which a Rent Controller or Addl Rent Controller is appointed to deal...
Land purchase from Scheduled caste belonging person
Dear Sir,
Please take opinion from local senior civil Advocate and see that whether there was any clog period within which such land was not supposed to sell.
Land purchase from Scheduled caste belonging person
Dear Client
Here are your answers.
1. Yes you can and you should lodge police complaint against that person and bring him to the books. Before you can lodge a police complaint you can send a legal not...
RTI
Dear Client,
In India, the Right to Information (RTI) Act allows citizens to request information from government authorities or public bodies. However, obtaining information about the owner of a spe...
capital gain and property valuation
Dear Client,
In your situation, determining the valuation of the property for sale can be complex due to various factors, such as the historical construction of the property, its transformation into...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
