Apartment Association Rule about usage of Common Area Apartment Association Rule about usage of Common Area

3 months ago

Hi,

We are trying to organise a Community Event in our apartment complex between 5:00 PM to 9:00 PM in the Evening in the society's Amphitheatre.

We will be using Loudspeaker for the same and for that we have received license from Local Police and ACP too.

But, now the Apartment Association is telling us that Loudspeakers cannot be used as the Common Area is not under Police Purview.

The association is registered under KSRA-1960.

Is the Association Legally correct?

Anik

Responded 3 months ago

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A.Dear Client,
The legality of using loudspeakers in the common area of your apartment complex depends on the specific rules and regulations set by the local authorities and the association. While you have obtained a license from the local police and ACP, it's essential to check whether the common area, such as the Amphitheatre, falls under the jurisdiction covered by the license. Review the association's bylaws and any additional regulations related to the use of common areas.
If the association claims that the common area is not under police purview, it might be governed by its own set of rules and regulations. Communicate with the association to understand their concerns and discuss whether there are alternative solutions or if there is a possibility to obtain permission specifically for the event. Seeking clarification from the association and exploring a cooperative approach could help resolve the matter amicably while ensuring compliance with all applicable rules. If needed, consult with a legal professional for advice tailored to your specific situation and local regulations.
Thankyou
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In case the Association has permitted you to hold a community event in their amphitheater based on which you acquired the necessary permission from the Police, then the stand taken by the Association objecting to the use of a loudspeaker is not legally acceptable in the given circumstances. However, since an Association is obliged to protect the common interest of all the residents of the housing complex, they may prevent you from using a loudspeaker with a high volume of sound if that exceeds the standard limit of sound decibels recommended by the concerned pollution controlling authority and affect the health and hygiene of the Sr. Citizens/aged residents of the housing complex. So, instead of raising the question of legality or illegality, the issue may be resolved amicably to protect the interests of both.
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