Can I keep a shoe rack outside my flat?
5 months ago
Hi
Our association has passed a rule that Shoe racks can not be kept in Corridor area outside my flat stating this is as per law. And threatened for penalty as per minutes of AGM last held..
My argument is that this corridor area is my area as per sale deed with me and builder and corridor area should be equally divided with four people on same floor.
So I can put shoe rack as it is not affected to neighbours and asked my neighbours they do not have any problem. So kindly guide.
Thanks.
Regards,
A.Dear client
Check the association's bylaws and rules to understand the guidelines regarding the use of common areas and individual units. These documents typically outline the rights and responsibilities of homeowners within the community. While you may own your individual unit, common areas, including corridors, are typically considered shared spaces owned by the association collectively. Review your sale deed and association documents to clarify ownership details Decisions made during association meetings, such as the Annual General Meeting (AGM), are usually based on a vote of the members. If a rule has been passed through a proper voting process, it is likely valid and enforceable. Initiate a conversation with the association to discuss your concerns. Share your perspective on why you believe the shoe rack does not cause issues for neighbors and inquire if there is room for flexibility.
Check the association's bylaws and rules to understand the guidelines regarding the use of common areas and individual units. These documents typically outline the rights and responsibilities of homeowners within the community. While you may own your individual unit, common areas, including corridors, are typically considered shared spaces owned by the association collectively. Review your sale deed and association documents to clarify ownership details Decisions made during association meetings, such as the Annual General Meeting (AGM), are usually based on a vote of the members. If a rule has been passed through a proper voting process, it is likely valid and enforceable. Initiate a conversation with the association to discuss your concerns. Share your perspective on why you believe the shoe rack does not cause issues for neighbors and inquire if there is room for flexibility.
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A.Dear Client,
In a housing complex, other than your inside area i.e, a super built-up area, all other areas are treated as common areas for use of common purposes by the flat owners and maintenance charges of which are paid by all the flat owners to the Society. So, paying the maintenance charges to the society flat owners can use that common area for common purposes like other common places e.g. stairs, lift, terrace, corridors, loby etc. In the absence of an explicit condition or provision in the Byelaws of the Society and a unanimous resolution passed by a 2/3rd majority vote in a governing body meeting, a society can neither deter the flat owners from using the common area nor impose penalty for breach of their instructions. Filing a mass protest petition to the Society, bring the matter to the notice of the Registrar or Dy. Registrar of the Society for redressal of grievance and failing which you can escalate the matter before the Civil Court praying injunction and appropriate relief in the matter.
In a housing complex, other than your inside area i.e, a super built-up area, all other areas are treated as common areas for use of common purposes by the flat owners and maintenance charges of which are paid by all the flat owners to the Society. So, paying the maintenance charges to the society flat owners can use that common area for common purposes like other common places e.g. stairs, lift, terrace, corridors, loby etc. In the absence of an explicit condition or provision in the Byelaws of the Society and a unanimous resolution passed by a 2/3rd majority vote in a governing body meeting, a society can neither deter the flat owners from using the common area nor impose penalty for breach of their instructions. Filing a mass protest petition to the Society, bring the matter to the notice of the Registrar or Dy. Registrar of the Society for redressal of grievance and failing which you can escalate the matter before the Civil Court praying injunction and appropriate relief in the matter.
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A.Dear Client When you elect the office bearer of the society then you empower them to take decisions and make rules on your behalf which means that you all have already given the consent for the same. After a rule is made then you have to live by that. In case the rule is unjustified then you all will have to give representation to the society and call for general meeting of all members and seek voting for that particular rule. But then your society byelaws must have the provisions to do that and challenge the rule.
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