Can the Managment Committee of an apartment ban children from playing in the open spaces in the apartment based on complaints from bunch of people. My apartment at ground floor/podium level has lot of open space, where kids play cricket/football/khoko/kabbadi and such games in the evening 5:30 to 7 PM. Recently they banned playing saying that some elderly folks have complained that the ball may hit them while they are sitting there. How do we tackle this situation. Is there a legal way forward.
1. Children cannot be stopped by management from playing in parks and grounds, but in all other common areas there can be a prohibition.
2. If children are not allowed to play in parks and open grounds then they may through their parents/guardians file a suit for permanent injunction to restrain the management from violating their right to play.
See the society can ban children from playing if the common area is not designated for games and sports by passing a resolution as playing may cause nuisance damage to property of any member or bodily injury.
Though if it is designated area for outdoor sports in the complex then society cannot restrict the kids.
See best way shall be to mutually discuss with the society and people and work out a space wherein they can play peacefully without causing any trouble to body or property.
Ban is illegal, If few members worrying about there safety, they can sit in other part, complain to registrar.
Japanese peace in the society is meant for this purpose and its society is taking any such action against the children playing in the open space can be challenged you can approach to the local police in this regard and complaint against to society members who has banned and respected children to play in the open area.
Increase the elderly people are afraid of that they might be hit by the balls this should avoid going in that area where childrens are playing during the play times of children
Take this up with the Management Committee. Move a protest in writing in case this ban is not lifted.
If the ban is not lifted despite the protest, approach the High Court by way of filing a writ petition.
MC cannot debar children from playing in open spaces in the evening
2) issue legal notice to society to revoke resolution passed prohibiting playing in open spaces
3) if society refuses file complaint against society before cooperative court or consumer forum
Sir you have to realize it's a residential area and not a sports arena. Of course the society is well within it's right to prohibit activities like cricket, fotball etc.
you report the same to your building association and tell them to stop it is else you will take action as against law. If they continues to do the same thing in the first instance you send legal notice to your association after that you can file a complaint in police station.
what is the said, "open space" meant for?
if it is a common area not meant for playing, yes, the MC can prohibit children from playing there,
1. Legally speaking, there is no legal action possible for such things, to the exception of managing things amicably.
2. Cordon off a area with Chain-Link fencing upto a height of say around 10 feet, where the children can play,anything, without hurting anybody, in anyway.
3. The elders can sit on benches placed outside the chain-link fencing. Many Societies /Association do this and is amicable to all concerned.
4. Sometimes, regulating separate timings for Elders and Childrens can be done (which usually is not successful).
They can't ban it legally. You can file a complaint to police station if they stop you from playing
Follow on question. Is this MC's decision valid when it was taken by hearing complaints only from 1 party, the other party was not give the opportunity to explain and can such decisions be taken by the MC without a GBM? The disputed area is the area in front of the building, which also acts as a podium and has visitors car party. The area is decently big for children to play canvas ball cricket and footballs. Cars can be moved to safe locations.
Yes it is perfectly valid. If you challenge it in cooperative court or consumer Court you won't succeed.
You are best adviced not to use the common are for outdoor sports. It can only be used for stroll, or jogging, or infant, toddlers playing area .. not for football, cricket or such activities
MC can take the decision but it would not stand legal scrutiny
This is based on the bye laws, if the bye laws of the association prohibits all such activities within the premises especially in the absence of any scheduled play ground, in the event of of objection by other members, the association may come down against all such activities which are prohibited.
First of all it is not a play ground nor it has been allocated for any specific purpose i.e., for children to utilise it for their games in the bye laws of the association, moreover there are objections from other members of the association, it may not be wise to agitate over it, however you may raise this point in the next meeting and gather support for your views and get a resolution passed in your favor which may pave way for a solution to this problem permanently.
Your justifications may not be heard by the MC hence you may have to raise your voice only in the meeting.
You can explain all these in the next meeting and gather support to pass a resolution to solve the issue in your favor.
The committee can pass resolition you can ask association for meeting and can raise the issue and can take consent of other members and can ask society to withdraw there resolution.
Such kind of decision cant be taken by MC it's completely illegal
Question the credence behind passing such order without hearing the effected parties.
you can challenge such order,
first take some members in your favour, and, then raise the issue,