• Senior Citizens

In our apartment's the association is implementing unfreindly rules which is creating serious hardship to Senior citizen. Is there any law which has to be followed in case of senior citizens in Apprtments?
Asked 4 years ago in Constitutional Law

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12 Answers

Kindly explain what are in friendly rules framed by association 


Association has to adopt model bye laws 

 

any change in bye laws ha e to be approved by registrar 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Senior citizens can refuse to abide by those rules, no force can be used against them. Can complain to registrar of society to inactive those rules and also stay from court.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

- As per law, an apartment association should follow that : 

1. Senior Citizen should remain integrated in society and participate actively in the formulation of policies which effect their wellbeing.

2. Senior Citizen should have access to health care to help them maintain the optimum level of physical, mental and emotional wellbeing.

3. Senior Citizen should be able to pursue opportunities for the full development of their potential and have access to educational, cultural, spiritual and recreational resources of society.
(v) Senior Citizen should be able to live in dignity and security and should be free from exploitation and mental and physical abuse.

- If the association is not adopting these laws , then you should report the Secretary/registrar of the society.

- You should give a written complaint , if the apartments association is implementing unfriendly rules which is creating hardship to senior citizens. 

- You can also lodge your complaint with the police as well. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Yes, there are few rules for senior citizen. If the consequences of case is fit in the senior citizenship act and rules you can definitely file case.

 

It will be great if you can elaborate you question more easily and what went wrong exactly in the society?

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

See if the hardship is caused the senior citizens may complaint raise query before association if same is not addressed they may complaint before registrar or file a complaint before the consumer forum.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You may raise the issue with the concerned department and also with Assistant Commissioner of Revenue Department under the following Act.

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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Yes you can complaint to day registrar and also approach court under senior citizens act for direction to the association

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

you can approach the Registrar of Societies which has the right to cancel the registration of the association.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Senior citizen can make complaint before Sub divisional magistrate Under senior citizen act against society.

2. They can also file complaint Before assistant registrar coop societies against rules of association.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. The rules can be challenged in the court.

2. You have not mentioned what those 'unfriendly rules' are, so no opinion can be formulated.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The association cannot go beyond the bye laws of the association which is the basis for the administration of the association and its activities.

You can express your grievances and the hardships you face due to the hostile laws of the association in the next general or extra ordinary meeting of the association and seek relief through a resolution.

Alternately you can write to the president of the association compiling all your grievances and request him to take action to mitigate your problems.

 

 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that society is to take care of all the people in making any rule or something.
  2. You have the option to make a representation to the society first about the non friendly rules.
  3. Then you can use the same before the court of law, either in civil court of law for enforcement of your easement rights or before the Hon’ble HC for violation of your fundamental rights including article 21 which almost include every aspect of our life.
  4. You go to either way, eventually you will get relief for sure as they can’t make such rules which are not even friendly to elderly people.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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