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Enrochment of common area in Housing society
08-Apr-2023 (In Property Law)
Being a chairman of my society I had allowed all owners to keep their personal stuff(shoe rack/cycle/flower pots gas cylinders) outside their flat i.e comman area. Although bye laws signed by me states that It's not allowed to keep things in common area.One of the flat owners has legally challenged these bye laws asking everyone to keep stuff inside and not in common area under the pretext of fire safety and damage.
Can the easement act save me from this?
Also I had sent ang debated multiple times under the pretext of fire safety and security,with the complainant owner to remove his small shoe rack in kept on one side of refugee door (the entry exit isn't completely blocked due to it) since his main door is adjacent to refugee area door.
Now that owner is using the same reason to challenge bye laws and asking everyone to keep their stuff inside.
What is the way out for me?
Well, the answer is no. A Single Person as a Society Member can prompt other Society Members to adopt this rule and pass it as Byelaw. But ultimately, it depends upon the Managing Committee to put this as Agenda or not for discussion in the Society Meetings to get it passed as Resolution. It depends upon other Society Members too, whether they will support it or not.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Ideally it’s not allowed to keep your stuff outside since the common area is for the use of all the residents residing on the at floor.
You have to abide by the fire safety norms and accordingly ask all your members to remove all the belongings from the common area as incase there is any uncertain event if there is any harm to the residents of the society you as the member of the committee will be held responsible
You have to abide by the fire safety norms and accordingly ask all your members to remove all the belongings from the common area as incase there is any uncertain event if there is any harm to the residents of the society you as the member of the committee will be held responsible
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Adv. Garima Anil Mehrotra
Mumbai | 500+ Answers
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