We are a registered housing society in Bangalore. One of the flat owners has installed solar water heater on terrace. This was installed prior to the registration of the society and some flat owners had no objection. But now some flat owners are taking objection and mentioned it as illegal. When we talk to the owner of flat who has installed solar water heater, he says he is having all required legal documents and builder was in agreement to install it for his flat. Please suggest which all documents will be termed as required legal documents to install water heater in common area like terrace. Above all, please suggest, whether installation of water heater in common area can be supported by any legal documents. The owner also mentions that builder had agreed to provide hot water facility exclusively for his flat.
Asked in Civil Law from Bangalore, Karnataka
does he have any letter from builder granting permission for installation of solar water heater ? terrace forms part of common are of society . no member can install any heater for his own use only without prior permission of society
there is no facility exclusively for a member only
Advocate, New Delhi
Ask him to show the 'required legal documents' which is in his possession. Also society can send notice to the flat owner for illegally Encroaching the common area and and call for necessary action.
Issue a legal notice terming such installation of the solar panels as illegal and request him to remove the same. If he fails to remove, file a suit for removing such illegal installations.
Since terrace is a part of common area accessible to all the flat owners none of the flat owners can install any thing thereon without permission of society. As such, this is an encroachment. Issue a lawyer's notice to him to remove the encroachment. If he does not do so then move to court for its removal.