Received notice on encroachment of safety door in corner flat
9 months ago
Received notice on encroachment of safety door in corner flat(builder told us you can put safety door while selling flats) but others who are using the common area with shoe racks/bicycle & all haven't received any notice. Isn't it biased discission? Neither my neighbor is any kind of problem with this door. Can i challenge society committee that i will remove the door only if they ensure no one else will use the common corridor for any usage like any size of shoe rack/pots/cycle ???? Also, they have given just 15days notice, isn't it it too short period?
A.Dear Client,
In the prevailing situation, you need to review the Deed of Conveyance of your Flat explaining the Common area of a corner flat and the provision of Byelaws that govern the activities of a registered housing society. If in both documents the place is specified or marked as commonplace, then the Notice of Society cannot be ignored or objected to being a resident member of the society. Otherwise, such a notice can be protested before the competent authority and forum for a resolution in the matter.
In the prevailing situation, you need to review the Deed of Conveyance of your Flat explaining the Common area of a corner flat and the provision of Byelaws that govern the activities of a registered housing society. If in both documents the place is specified or marked as commonplace, then the Notice of Society cannot be ignored or objected to being a resident member of the society. Otherwise, such a notice can be protested before the competent authority and forum for a resolution in the matter.
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A.Dear client,
If you find yourself in a situation where you have received a notice for encroachment of a safety door in your corner flat, but others seem to be using the common area for various purposes without any action taken against them, it may indeed appear biased or unfair.
Here are some steps you could consider taking:
Review the Society's Bylaws: Firstly, carefully review the society's bylaws and regulations to understand the rules regarding safety doors, common area usage, and any provisions related to encroachments. This will help you understand whether the notice is justified or not.
Seek Clarification: Talk to the society committee or management to seek clarification on the notice. Politely inquire about the reason for the notice and if there have been any complaints or specific rules that you may have unknowingly violated.
Gather Evidence: If your neighbors have similar encroachments or are using the common area for other purposes without facing any repercussions, document and gather evidence of these instances. This evidence may support your claim of biased decision-making.
Discuss With Neighbors: Engage in a dialogue with your neighbors to understand their perspective and whether they have faced any issues related to your safety door. If they are supportive, they could provide testimonials or join you in addressing the matter with the society committee.
Attend Society Meetings: If your housing society holds regular meetings, attend these meetings to voice your concerns and seek a fair resolution to the issue. Present your evidence and arguments during these meetings to raise awareness among other members.
Mediation: If discussions with the society committee do not yield satisfactory results, you could consider mediation. Engaging an impartial third party to mediate the dispute may help in finding a compromise or resolution.
Legal Advice: If the situation escalates and you believe you are being unfairly targeted, consider seeking legal advice from a lawyer who specializes in property and housing matters. They can provide guidance on your rights and potential courses of action.
Regarding the short notice period, the legality of the notice duration will depend on the society's bylaws and local regulations. In some regions, there might be specific timeframes required for issuing such notices. Consulting a legal expert will help clarify if the notice period is appropriate or not.
If you find yourself in a situation where you have received a notice for encroachment of a safety door in your corner flat, but others seem to be using the common area for various purposes without any action taken against them, it may indeed appear biased or unfair.
Here are some steps you could consider taking:
Review the Society's Bylaws: Firstly, carefully review the society's bylaws and regulations to understand the rules regarding safety doors, common area usage, and any provisions related to encroachments. This will help you understand whether the notice is justified or not.
Seek Clarification: Talk to the society committee or management to seek clarification on the notice. Politely inquire about the reason for the notice and if there have been any complaints or specific rules that you may have unknowingly violated.
Gather Evidence: If your neighbors have similar encroachments or are using the common area for other purposes without facing any repercussions, document and gather evidence of these instances. This evidence may support your claim of biased decision-making.
Discuss With Neighbors: Engage in a dialogue with your neighbors to understand their perspective and whether they have faced any issues related to your safety door. If they are supportive, they could provide testimonials or join you in addressing the matter with the society committee.
Attend Society Meetings: If your housing society holds regular meetings, attend these meetings to voice your concerns and seek a fair resolution to the issue. Present your evidence and arguments during these meetings to raise awareness among other members.
Mediation: If discussions with the society committee do not yield satisfactory results, you could consider mediation. Engaging an impartial third party to mediate the dispute may help in finding a compromise or resolution.
Legal Advice: If the situation escalates and you believe you are being unfairly targeted, consider seeking legal advice from a lawyer who specializes in property and housing matters. They can provide guidance on your rights and potential courses of action.
Regarding the short notice period, the legality of the notice duration will depend on the society's bylaws and local regulations. In some regions, there might be specific timeframes required for issuing such notices. Consulting a legal expert will help clarify if the notice period is appropriate or not.
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