1. Issue legal notice to both Oyo and builder.
2. In case, the Oyo not evicting the premises then file a case against builder / Oyo for creating public nuisance.
Oyo rooms in residential apartment
6 months ago, I purchased an apartment complex with more than 120 flats and registered duly in myand my wife's name. My wife and I have been staying here for past 6 months. The said apartment complex is located within a reserve forest in Dehradun and there are only 2 permanent home owners (including our selves)living there. The rest are staff and workers. Few apartments owners visit once or twice a year. Security is a major concern as the apartment is in a desolate jungle. Recently many apartments have been turned into Oyo rooms with frequent visitors who are running around the areas. This has increased our security concerns as recently my dog has disappeared and apartment staff is the suspect. The sale deed and registration documents clearly state that the said apartment is for residential purpose only and not to be used in any other ways. What are the legal options to stop the Oyo rooms which are a security concern for us. Also for apartment society formation, there need to be permanent residents who are concerned about all aspects including safety but with the Oyo rooms, the other owners not living in the said complex are only concerned about commerce.
Asked 7 years ago in Civil Law
13 Answers
1) you can file suit and seek an injunction restraining flat owners from giving the apartments on rent to oyo for use of visitors
2) resolution can be passed in AGM that no flats can be used as oye rooms as it is security hazard
If the residential property is used for commercial purpose you can issue the legal notice to the the owner, further make a complaint with the municipal authorities.
Also file a suit against the apartment owners giving residential flats for commercial purpose for seeking injunction against them.
Further pass a resolution in society and issue notice from society to owners.
hello,
send a notice to the municipal department of your area, apprising them of the misuse. if there aren't any society members present or if the society hasn't been formed, talk to the homeowners.
regards
My Dog which was kept for security in the above apartment was kidnapped and abandoned by the Apartment Manager and staff of the said apartment. (I am a doctor and my wife is alone in the apartment during the day time while I am at the hospital). I obtained the CCTV footage of my dog being taken away in a tempo and submitted to the police, but police have not been of any help other than talk to the staff and give feeble warnings. Following visit of police, the Manager and other owners who have converted their apartments into Oyo rooms held a meeting in my absence and passed a unanimous resolution banning all pets in the said apartment complex. As I know according to the PCA act 1960, and Animal Welfare Board statements, no society can ban pets even by consensus. Apartment management have resorted to harass us in other ways by preventing maids from working for us, asking us to write down apartment maintenance complaints in register kept at security gate which is half a km away instead of attending to telephonic complaints (there are only 2families including us living permanently in the whole society). There is no intercom available or even mobile network sometimes. The builder, management staff and some owners who are not staying but have turned their apartments into Oyo rooms are behind all this. What should I do?
Asked 7 years ago
Hello,
This is a serious problem u are having. File a complaint with the police and tell them of the harassment you are facing.if they do not take any action, file a complaint case before a magistrate and then then police would be compelled to take action. Also municipal authorities should be informed immediately about the commercial use of the residential premises and if they do not take action within a week.....file writ petition in the uttarakhand HC immediately without any delay as I think you are in a serious situation wherein you are living alone with your wife and anything could happen.
Regards
Rules & By-Laws for pet owners living in society apartments:
Any civic body (Resident Welfare Association – RWA) does not have the right to ban residents from keeping pets in their apartments, not even by getting a majority vote in the society with the help of other tenants or residents.
Any discrimination over size or type of pet breed is not allowed in a housing society.
No ban can be imposed on pet owners due to their dog’s barking habits.
No ban can be imposed on keeping pets in apartments, even after amendment of society bye-laws and regulations.
If a pet owner abide by the municipal laws regarding pets then no society civic body has the right to ban the pets or their owners from the society.
2) you can file complaint against association before consumer forum and seek orders to direct society not to restrain you from keeping pets
3) you can file suit and seek injunction restraining flat owners from turning apartment into Oyo rooms
Firslty, sir please don’t get worry about anything.
Secondly, yes you are right no one means no one in the country can ban the pets in the society or anywhere in the country.
Thirdly, you please make a written complain for abduction to the SHO then to the DCP, and if they don’t do anything then straight away make a 156(3) of CrPC complain to the mazistrate for filing the FIR.
Fourhtly, and you please file a case for wrongful confining you to do what you are legally allowed to the mazistrate under the complain case of section 200 of CrPC.
You would surely get some relief.
Rest I ll provide you the link of the Supreme Court jughemnts with regard to the same issue of banning which is in your favour.
1. if the apartments are sanctioned for residential user and if they are being used for commercial purpose then you will have to complain to the local body like Municipal Corporation
2. the resolution banning keeping of pets if illegal as there is no society or association in place
3. the manager and few owners have no legal identity (like a society or company) to pass such a resolution
4. you should also complain to the police about the security concerns raised due to letting of apartments for Oyo rooms
5. if the police and local body do not act on your complaint then you will have to file a Writ Petition in High Court
Renting the residential property on commercial basis is illegal.
For effective action on this there should be a registered association to tackle the menace.
In the absence of any registered association you may not get any fruitful result even if you put your best efforts because you cannot get any support from the owners who do not reside there.
This will not restrict you from initiating any legal process in this regard.
You can consult a local advocate and proceed as per the suggestion made.
file a suit for injunction simple or mandatory and also file a complaint with higher police officials, if no action by police, file pvt complaint in local magistrate court
You can file a suit for injunction with interim stay application against the homeowners who using the residential property for commercial purposes by conversion into oyo rooms.
You should also prefer filing return complaint against the wrongdoers with the municipal corporation of your area to take strict disciplinary action for violation of residential property usage for commercial purpose.
Q-Following visit of police, the Manager and other owners who have converted their apartments into Oyo rooms held a meeting in my absence and passed a unanimous resolution banning all pets in the said apartment complex......
A. No resolution can be passed to ban pet animals in the apartment premises as society does not have power or authority to do such acts, as it has been held as illegal according the Supreme Court.
So, you can make a Complaint the animal welfare control board against search resolution or approach High Court under Section 226 of the Indian Constitution by filing a writ to set aside tue said resolution and ban any such activities in future.
Regards.
If it is society you can file a Complaints with Registrar of societies for the same. You may later approach Co-operative Court
