• Apartment owners association imposing restrictions on entry to complex

Hello,

Our apartment owners association management committee has instituted a policy in which the entry to apartment complex has been restricted by entering a passcode at the entry point. The complex has been in operation since 2009 and this is a new change. A large number of residents are uncomfortable as this violates the privacy as the entry and exit times are logged.

This decision has been taken unilaterally by the management committee without the approval of the general body. Is this legal? Does it not violate right to privacy enshrined in the constitution and other ownership laws?
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

The decisison of fingerprinting logging seems to be little strict in a residential complex.

Unless there is great security threat such tracking of entry and exit looks bit excessive.

Check from our bye laws whether such vital decision can be made without approval of general body meeting.

If there exists such lacunae then challenge the decisison y filing a suit for injunction in the local court.

If it is a cooperative society then you can raise dispute to be adjudicated by the registrar of the society also.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

It has been done as security measure to prevent entry of anti social elements and for security of residents

2) if members are unhappy requisition extraordinary general meeting of members place issue on agenda and put to vote

Ajay Sethi
Advocate, Mumbai
100010 Answers
8163 Consultations

if majority people accept means its right if not means send him a legal notice to the association after getting sign from the apartment people who are raising an objection to the entry lock :) thanks :)

Shiva Bharathy
Advocate, Chennai
102 Answers
1 Consultation

Firstly, go through the society norms.

Secondly, even if there is such norms which allows these kind of things then also it is not acceptable.

Thirdly and lastly, go to the society registration department and seek for the cancellation of this rule as it violates privacy right and appointment of new members.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

This couldn't have been done without passing a resolution by majority voting. Moreover, it can be well alleged that this breaches the right to privacy of the residents.

Move a representation before the the Committee of Management so that this arrangement is rolled back.

Vibhanshu Srivastava
Advocate, Lucknow
9767 Answers
323 Consultations

The RWA is imported to make any decision for the betterment, up keeping and security of the residents. All the decisions are not taken in the AGMof the owners. The decision is to prevent outsiders to enter in to the complex.

If you have any issue and think that the decision is beyond the delighted powers to the committee, you may complaint to the registrar of the societies along with the other members.

If registrar decide in your favour the decision may be changed.

For the powers of RWA please see the bye laws of tour society which is generally based on the model bye laws

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

File a complaint to the District Registrar of Society, Bengaluru with all grievances you are facing along with the documentary proofs. the District Registrar has the authority to resolve the issues.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Dear Client,

For safety purpose, it is not illegal but any change without the agreement of residence, id invalid.

Along with if its applicable to resident than have full right to deny. non can force u, until the rule applied with majority.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Hi, the policy made by the association is unethical and is a violation of liberty of residents .. The association should work in comment interest of the residents protecting their constitutional rights .. You can file a suit for permanent injuction in court to obtain a stay on the regulation passes by the association

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

The question is not about restricting the privacy, it may have been decided to impose proper security owing to insecure atmosphere.

If the majority members feel that this practice is uncomfortable, then a general body meeting may be called and a resolution to remove such unpleasant circumstance be passed and the bylaws may be corrected accordingly.

All members who do not like this new change may gather together and propose for emergency meeting on this

T Kalaiselvan
Advocate, Vellore
90213 Answers
2507 Consultations

This does not violate right to privacy as the same has been done for the purpose of security.

However, if the same has been done without following the proper procedure then challenge the action of the MC before the Registrar. And if the action has been taken after following the due procedure then this does not amount to infringement of right to privacy.

I hope you understand Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer