We are residing in a 19 flat apartment We are residing in a 19 flat apartment

1 month ago

Sir,
We are residing in a 19-flat apartment in Hyderabad.
Everyone has his/her parking area allotted.
The available open area is used for parking two-wheelers if in need without causing any inconvenience to other residents (tenants and owners).
However, for 10 days a tenant has been parking his two two-wheelers in the walkway obstructing the movement of other residents. Also, he is parking his four-wheeler in the parking slot allotted to him. Despite repeated requests, he is not removing them and demanding the working committee to show him a parking place.
It is conveyed to him that he can park his vehicles in a vacant area without causing inconvenience to others.
But, he is adamant and still keeping the walkway blocked for reasons known to only him.
Kindly do the needul and advise as what to do to solve this issue.OWNER HAS BEEN INFORMED BUT THE OWNER IS IN DILEMMA, YET TO RESPOND WITH A CONCRETE REPLY.
REGARDS.

Anik

Responded 1 month ago

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A.Dear Client,

If the housing complex, comprising 19 flats, is registered under the Cooperative Societies Act, the society has the authority to issue written instructions to any errant or unruly resident member. The member must comply with these instructions, and failure to do so may result in necessary actions being taken against them as per the society's bye-laws for disobedience of a reasoned instruction.

However, if there is no registered society, the course of action may differ. In such cases, serving a legal notice to the errant resident member is advisable. If the member continues to cause nuisance or disruption, a suit for public nuisance may be filed against them in court. This legal action can address the issue and compel the member to adhere to the regulations and norms of the housing complex.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
If the housing complex consisting of 19 flats is registered under the Cooperative Societies Act, then the Society may issue a written instruction to the errant/unruly resident member to abide by the instruction failing which necessary action as deemed fit in terms of bye-laws of the society for disobedience of a reasoned instruction shall be taken against him in the matter. In case there is no registered society, then serving a legal notice to the errant member resident, a suit for public nuisance may be filed against him in the Court. If the situation so requires, the matter may be consulted with an Advocate for guidance and steps.
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