Hi the builder has constructed a non commercial gym on top of my apartment. Now builder is gone owners association is formed. And the gym is causing lot of sound and vibration. Even after continuously telling them they are neither fixing the issue or shifting it. This is causing serious health issues due to continue sound and vibration. The gym is not mentioned and not in approved plan and later it was constructed by builder.
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See if the gym is not in approved plans first complaint before the association in written if they fail to take up this issue, complaint before municipal authority for plan deviation and making gym without approved plans .
You can also serve notice to association for same.
Municipal Building Regulations. So first verify whether Building in which GYM is being run is approved for commercial purpose or not. If there is no approval for commercial purpose, actions can be taken by writing to the Municipal Authorities.
Issue legal notice to association to remove gym equipment installed on terrace as the sound and vibrations are causing lot of disturbance to your family
if no action is taken file suit seek court orders to direct association to shift gym equipment installed on terrace
If it's illegal complaints can be filed to corporation to shut the same. Society can also take action against such illegal gym
- As per law, a Gym cannot be opened in a residential flat of any building .
- Further, for opening a Gym from an apartment , there should be , a commercial approval of the apartment for running the same , and an authorization letter from the competent authority.
- Hence, you should approach to the local municipal office, to get the copy of the sanction plan of the building.
- If there is no sanction plan for a commercial use , then file a complaint before competent authority , for illegal business of Gym.
- You should also lodge your complaint against the nuisance before the SHO , and higher police official , and a copy of the same should forwarded to municipal authority as well.
- If no response, then you can remove this Gym from the apartment , after filing a case of Mandatory injunction in the court.
If it is not sanctioned it is illegal and if it is illegal it can be torn down.
File a complaint with the municipal authorities regarding the gym.
Regards
1. The best option is to file a grievance petition in the local consumer court, for the alleged nuisances & harassment and Physical & Mental trauma. You can claim damages & compensation for your grievances.
2. The above can be done after giving proper legal notice to the Society & Builder. All supporting documents, building plans, photographs, witnesses etc.... would be required to file court case.
This is an illegal structure and continuous nuisance to the residents especially to the resident living just underneath.
Since you are affected by this you may first issue a request letter to the association to shift the same due to the problems you face, if the association is not responding then you may give a complaint to the local civic body about this nuisance and request them to remove the same immediately becasue it is an illegal construction.
If there is no response from them also then you may plan to file a mandatory injunction suit to remove this obstruction to peaceful living and also health hazard to the residents.
You can file suit of injunction for instant stoppage of use of gym and transfer it to other location in same apartment.
Dear sir /madam
You can get issue a legal notice and /or get the matter placed on the agenda for discussion in the annual general meeting and thereafter file a suit to stop such activity since it caused hardship to residents of society.
what you could do is approach an advocate and get issued a legal notice to the Association and its E C Members directing them to shift the Gym immediately failing which you will file criminal cases against them firstly and later on proceed to get an injunction against the association from carrying on with the gym activities on daily basis on health grounds.
If the association fails to respond to your demands, approach a good civil advocate and obtain an Injunction order. The construction of the gym by the builder is illegal and you can have it demolished if it is not shifted by the association.
You should complaint to authorities against commercial activities in residential area and causing nuisance to residents of building.
If they fail to take action. Against gym then you should file suit for permanent injunction against gym owner and society for restraining them to operate machineries in gym and stopping their activities.
