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Is temporary structure in common areas in apartment complex legal


27-May-2023 (In Property Law)
Sir/Madam, Ours is a residential complex, the association body has entered into a contract with an eatery joint and they have raised a temporary structure for eatery without taking consent of owners. This is not part of the original builders plan. Is this allowed? Kindly let us know the legality of this. Many thanks
Answers (2)

Answer #1
968 votes
Please provide the association bye-laws. Without reading the bye-laws, (and inspecting the structure), it is difficult to answer this question. In case the association bye-laws allows establishment of an eatery without all owners' permission, then, the structure can be legal.
Answer #2
710 votes
This temporary structure is illegal. Board members should follow the by law of the association. If it has not worked out you can file a complaint to the registrar of societies where your association is registered. It is advisable to fight against the issue collectively.

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