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extension of car parking space is legal or not
18-Jul-2023 (In Property Law)
We own an apartment In Chennai(10 yrs old, 4th floor) with closed car park allotted by builder.The car park is shorter than the car and our rear end damaged by bird droppings& drainage leaks. So after discussing with the registered Residents association, we built a small temporary extension of 3 ft (sheets over a steel support structure) just about the car park on the external wall which does not hinder the driveway in anyway.But after constructing the same, one of the residents complained that it was not a legal construction. Please advise if that is true.
First of all the application to extend the shelter for the car parking should have been approved by the RWA either in writing by the president or secretary after the consent given to this by the MC members or a resolution duly adopted in a special or general body meeting held in the RWA where this matter was discussed and unanimously passed by the majority of members.
If a co-resident is making a complaint about this, let him do ti to the association, he cannot directly ask yo to remove it or can object it.
In any case you can always convince in the next meeting of the association about this and get its approval if you have justifiable grounds seeking its ratification.
One of the residents has got no authority to term this construction as illegal, he can vent out his grievance in this regard to the association and let the association take a decision on this.
As a matter of fact any alteration to the existing structure changing its shape is illegal especially when the sam has been done without proper permission from the authorities.
If a co-resident is making a complaint about this, let him do ti to the association, he cannot directly ask yo to remove it or can object it.
In any case you can always convince in the next meeting of the association about this and get its approval if you have justifiable grounds seeking its ratification.
One of the residents has got no authority to term this construction as illegal, he can vent out his grievance in this regard to the association and let the association take a decision on this.
As a matter of fact any alteration to the existing structure changing its shape is illegal especially when the sam has been done without proper permission from the authorities.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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