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Gated community - Rasing a grill structure in car parking
7 months ago
I live in a gated community consisting of 40 flats. An owner had raised a grill structure surrounding his car parking and blocked the passage. He says it's much needed to avoid damage to his costly car. And he mentioned that the current association is not registered and he cannot abide for anyone as the association renewal didn't happen. Current apartment association committee members are friends of that person.
What's the solution for this?
A.Dear Client,
In the absence of registration of society and bylaws, the provisions explaining the common area as defined and stated in the Schedule of the Deed of Conveyance shall be applicable. A flat owner cannot use the common area for personal purposes. Till a registered society is formed, the maintenance of common areas and common facilities is carried on by the Builder or Developer of the residential flats. So, in the prevailing situation, you need to bring the matter to the notice of the concerned developer/builder through a legal notice for necessary action endorsing a copy to the errant flat owner for resolving the matter amicably at the prelitigation stage failing which file a suit against the errant flat owner before the competent court of law under Sec.268 of IPC for the commission of public nuisance for appropriate relief. Reach out to an Advocate for guidance and steps.
In the absence of registration of society and bylaws, the provisions explaining the common area as defined and stated in the Schedule of the Deed of Conveyance shall be applicable. A flat owner cannot use the common area for personal purposes. Till a registered society is formed, the maintenance of common areas and common facilities is carried on by the Builder or Developer of the residential flats. So, in the prevailing situation, you need to bring the matter to the notice of the concerned developer/builder through a legal notice for necessary action endorsing a copy to the errant flat owner for resolving the matter amicably at the prelitigation stage failing which file a suit against the errant flat owner before the competent court of law under Sec.268 of IPC for the commission of public nuisance for appropriate relief. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
Even if the association is not registered, there may be a set of rules and bylaws that govern the property. These rules may specify restrictions on alterations to individual units and common areas. If the current association is not registered, it may be in your best interest to work with other owners to register or re-establish the association. This can help you set proper rules and regulations for the community and address issues like this more effectively in the future. If there are concerns about the current committee's impartiality, you may want to review the election process and ensure it is fair and in line with any existing bylaws. If necessary, consider organizing a new election with independent oversight. If all else fails and the owner's actions continue to violate association rules or local laws, you may need to consider taking legal action to compel them to remove the grill structure or face potential fines or other legal consequences.
Even if the association is not registered, there may be a set of rules and bylaws that govern the property. These rules may specify restrictions on alterations to individual units and common areas. If the current association is not registered, it may be in your best interest to work with other owners to register or re-establish the association. This can help you set proper rules and regulations for the community and address issues like this more effectively in the future. If there are concerns about the current committee's impartiality, you may want to review the election process and ensure it is fair and in line with any existing bylaws. If necessary, consider organizing a new election with independent oversight. If all else fails and the owner's actions continue to violate association rules or local laws, you may need to consider taking legal action to compel them to remove the grill structure or face potential fines or other legal consequences.
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