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Pet Movement on roof top Pet Movement on roof top

9 months ago

I resident of Chanakya Place New delhi. I have a pet dog and sometimes i go to roof top with my dog for some times but top floor owner threatens me that dog is not allowed on roof top as right of roof top is there with him.

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
Rooftops come under the purview of a common area in a housing complex and the residents can use that common area. As regard objection against the use by pets of any residents, the matter may be brought to the notice of RWA for a resolution in the matter. But in the absence of any provision as such in the Byelaws of the Association, the matter may not be resolved at that level. In that situation, you may make a mass application on behalf of residents having pets in the housing complex to RWA for a resolution in the matter, failing which you may bring the matter to the notice of the Registrar of Society/Association.
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Anik

Responded 9 months ago

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A.Dear client,

As a resident of Chanakya Place, New Delhi, you have every right to enjoy the common areas of the building, including the rooftop, unless there are specific rules or regulations in the housing society that restrict pet access. The rooftop is generally considered a common area that can be used by all residents for recreational purposes, and you should be allowed to take your pet dog there unless there are any valid reasons for restrictions.

However, it's important to be respectful of others' rights and concerns. If the top floor owner claims that the right to use the rooftop exclusively belongs to them, it would be prudent to check the housing society's bylaws or any existing agreements regarding the usage of common areas.

In case there is a dispute, you may want to reach out to the housing society management or the Residents' Welfare Association (RWA) to seek clarification on the rules and regulations regarding rooftop usage and pet access. They can help mediate and find an amicable solution that respects the interests of both parties.

If the housing society's rules permit pet access to the rooftop, you can present this information to the top floor owner to address their concerns. On the other hand, if there are restrictions on pet access, it might be necessary to find an alternative space for spending time with your dog.
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