@ Bengaluru - Our row house is located opposite the Children's play area in a small community of 40 rowhouses. The area is small (6m across), not designed to play games like football or cricket as it is un-netted. Since the last 3 years, we are requesting each Managing Committee to find a solution as the football comes into our private parking space or hits our cars. Some drunken parents even came to fight with us when we held back the ball and said we are traumatizing children. The last Committee went a little further on the insistence on some of the ladies and captured it in the AGM MOM of 28.10.17 as under : 9) Concern raised in the GBM: Couple of owners raised concerns on Villa 3 owner’s behaviour towards their kids due to the football going into their parking area. They mentioned that their kids are bullied and traumatized. There was a request for EC team to intervene in this matter. EC team communicated that this issue is outside the purview of EC’s responsibilities and is best resolved between the concerned parties. 10) Concern raised offline : Villa 3 owners have raised a concern on the kids playing in the play area and the ball coming into their parking area. Action to be taken: a) Look at the feasibility of creating a barricade by planting bushes around the play area. Also look at the option of Soft netting fence OR hedges to cover the play area to avoid ball going into the street/ other villas. No remedial action was taken except some short hedges but because of the remarks, we have been isolated and being targetted. All of us are put to mental agony on a daily basis as the hedges are not able to contain the balls. The Managing Committee has washed off its hands now and said that they cannot do anything to protect our private property or trespassing thereof. We need to address this legally as despite paying maintenance, we are being treated differently.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) issue legal notice to society to take action on your complaints
2) if no action is taken take legal proceedings against society before cooperative court seek court orders to take remedial measures to prevent ball from children play area danaging your cars
The executive committee have certain responsibilities which is not in the others area it is right that the matter is not in the purview and they cannot take any decision on that if childrens are playingchildrens are playing and there is some problem of balls hitting the cars this solution to this problem should be worked out in such a way that the the pla playing up the children should not be hampered and the cars should not be damaged.
Someone has to take initiative in this regard so that they should be an amicable solution and cardial living in the society.
Dear Sir,
You issue must first bring to the notice of Managing Committee by issuing a legal notice if not budged then you have to handle the issue combinedly and approach the concerned department and also to the Civil Court.
Complaints against Apartment Owners Associations or Resident Welfare Associations or RWAs
RWAs can be difficult to deal with if not competent. It turns out to be more of a harassment than help. An RWA or the Apartment Owners Association can be sued by any of the members or group of members. If you see a diversion or conflict of interest with respect to the byelaws of this association, a meeting should be held discussing issues in this regard.
Most RWAs prepare for such incidents and therefore, the byelaws may contain information about how and to whom should issues be directed to in the first place. All appeals against the decision of the Managing Committee is usually escalated to the General Body of the Association. The appeal is given to the Secretary in writing and the same is placed before the General Body. The decision of the General Body shall be final and will be communicated to the member concerned in writing.
If problems persist, residents can approach the Registrar of Societies which has the right to cancel theregistration of the association. As a last resort, residents can move the court of law as well. These day various residents have been resorting to online forums to bring issues of concern to the fore.
Similarly, even when the Association is dissolved due to any reason, the course of action thereon is usually pre-decided especially with regard to liabilities, left-over properties/ assets etc.
Provisions under Societies Registration Act 1860 lays down the following:
“Every society registered under this Act may sue or be sued in the name of President, Chairman, or Principal Secretary, or trustees, as shall be determined by the rules and regulations of the society and, in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion.”
What makes RWAs mandatory
RWAs are non-political and non-sectarian which makes it the best channel to take up issues that are affecting the residents of the apartment complex and giving it a voice whenever and wherever needed. All RWAs need to be registered and come under a specific jurisdiction which makes it liable to punishment/penalty in case of defaults or lawlessness.
In short, RWAs usually take up addressing each and every aspect of your community life- promote friendly relations amongst residents, ensure availability of civic amenities like water, sanitation, maintenance of roads, parks, street lighting, take up issues related to enforcement of prohibition of causes like drug abuse, procurement of funds for donations or subscriptions, welfare activities such as cooperative medical stores, medical/educational camps, employ help such as carpenters, plumbers, electricians and fix remuneration, promote non-political legal issues of residents and most of all ensure safety and security of residents besides many social, philanthropic activities. RWA's can also collaborate with urban local bodies (ULB) to implement the priority projects through ULBs' funds or through the Councilor /MLA/MP funds.
1. The matter is actually in your favour since the incidence has been recorded in the Minutes of the Meeting.
2. It is a fact that the Committee can not force the children or their parents in not paying football or cricket and cause harm to your private premises. It has already recorded the probelm and taken remedial measures available within their jurisdiction.
3. If the problem continues, you can lodge a police complaint against the parents of those boys for arranging tom cause damage to your personal property.
4. If police refuses to register FIR, you can file a Writ Petition against police inaction praying for a direction upon the police to register FIR, investigate and act based on your said complaint. This is the only legal solution available before you.
5. Social isolation can not be proved and is not a legal issue. If any illegal act5 is committed on you by targetting you by your neighbours, you can lodge the police complaint and act accordingly.
File a Complaint before Dy Registrar against the managing committee. If no resolution is given you can go to Co-operative Court or also file Complaint in Consumer court
The affected parties can give a representation in this regard to the management committee expressing their displeasure over the developments in this regard and raise a concern over the continuing menace and may issue notice to the management committee to intervene and enforce safely to the men and property of the affected members of the association.
Before that you may confirm that if the play space is enough to accommodate the football sports and whether the bylaws permit this playground to play football.
If not, then you may make a written complaint about this violation and disturbance with local civic authorities as well as with registrar of cooperative society.
Besides you can drag the management committee to the consumer forum also for deficiency in service.
