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Disputes about common area in apartments
14-Nov-2023 (In Civil Law)
in our apartment one of the Co-owners use common area of terrace for washing cloth and washing kitchen dishes. all other co-owner request them not to use common area as his own, but the arrogantly said i use like that only and also ask us to pay amount to cleaning water draining area as a common fund collection. due which we all are suffering lot.
Pls advise how to solve this issue.
hi alocious here, I would suggest that you form a flat association with all the occupant of the premises, once the association is formed pass a resolution restraining such activities in the common terrace area, once such a resolution is passed it shall be binding upon all the occupants of the premises be it the owner or tenants, thank you. you can contact me over the formation of association and how to pass a resolution, thank you
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Adv. Alocious Felix Pandian
Chennai | 100+ Answers
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In addressing the misuse of the common terrace area in your apartment by a co-owner, start by reviewing the apartment’s by-laws and sale agreement for guidelines on common area usage. Then, as co-owners, collectively approach the individual with a formal notice highlighting the violation. If this doesn’t resolve the issue, consider mediation for an amicable solution. Should the problem persist, legal action may be necessary, for which consulting a property law attorney is advisable. Also, ensure that maintenance and cleaning charges are fairly divided among all co-owners as per the apartment’s by-laws, and contemplate amending these by-laws for clearer guidelines and penalties.
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Adv. Suresh Kumar
Chennai | 25+ Answers
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File a suit for injunction restraining them not to do so in the common area. Create evidences before filing the suit. They will be restrained by court order and punished if they continue the same even after filing.
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Adv. Gopala Krishnan
Chennai | 5+ Answers
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