• Common area in the apartment utilised for football / Cricket

Hi,

I live in a apartment which doesn’t have a designated ground apart from children play area. The adults and kids are playing Cricket and Football in the common area pathways. This is causing huge issues for eg. a football game hits the parked cars & other small kids playing & in a cricket game they hit the ball so high the balconies glasses are hit and hits the other member walking around. 

I am part of the committee and would seek your help on this matter. We have some flat member behaving rudely and as a MC we want to bring a amicable solution. 

Thanks
Asked 5 months ago in Consumer Law

8 answers received in 1 day.

Lawyers are available now to answer your questions.

9 Answers

Fix timings for kids playing cricket and football 

 

2) raise the issue in AGM and take decision by majority vote if no consensus is possible 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Playing games are perfectly alright but without causing nuisance. 

Therefore request the flat members not to hit the ball hard. This would take time to be adhered to but would be listened at the end. Paste playing rules at conspicuous places and install CCTV so burden compensating loss to property can be fastened upon the person committing it . 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

Firstly, I would ask if your association is registered. If the association is registered, then the EC can pass a resolution with a GBM to gather votes on this issue with the relevant penalties prescribed. Ideally, most of the apartment owners\members will agree to this concern when properly communicated about the risk and damage to property and safety from such activities. Eventually, you may also get this added as part of the association ByeLaws if not already included.

Once the resolution is passed even if you do not have this explicitly specified in the ByeLaw, it can be made a common rule that every resident has to abide by and will bring an amicable solution to this problem.

Hope this is helpful.

Aniruddha Chakraborty
Advocate, Bangalore
37 Answers

5.0 on 5.0

The Management Committee of the resident welfare Association is empowered to make rules in this regard in case committee decides that the common area should not be used as a playground then the residents should be informed and this can be implemented there is no need to go for any legal action because it is not possible as the common area belongs to everybody only resident welfare Association is empowered to keep hold on common area as per the Apartment Act

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

A private nuisance is a civil wrong. Private nuisance affects some individuals as distinguished from the public at large and requires special damage to be actionable. Peaceful enjoyment of the premises is important for living community. It is the responsibility of every member of the society not to disturb in the peace and enjoyment of others. If they do so, they shall be liable to compensate.

In your case formal warnings to the children from the side of the managing committee is the first steps. The watchman and the Manager of the Society should be strictly instructed to stop the children from playing in the passage of the building.Society should be strict so that the children are not allowed to play in the passage of the building.

Those making complaints should try to empathies with the parents and the parents should try to take children to parks where possible and always take in toys etc from common areas after use.If it is not stop yet then next step send their parents a legal notice to immediately stop that cricket play and  activity.

Ajay N S
Advocate, Ernakulam
3826 Answers
82 Consultations

5.0 on 5.0

- As per rule , the Association  shall  frame  rules,  regulations  and  procedures  for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas  which  will  interfere  with  the  peaceful  occupation  of  units  by  respective  Owners  / Residents conducive to day to day living environment. 

- Hence, being a part of committee , as per rule , you can pass resolution/direction against this nuisance 

- If , no response, then lodge a compliant before the managing committee , and with the registrar of society. 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

Cricket and football are not indoor games.

The nuisance problem effects every resident of the apartment complex.

It is the duty of parent to control their children.

You may  gather atleast 10 members who are effected like you and submit representation to the society to stop the nuisance.

The society bylaws does not permit such type of games..

if the society fails to take any action you can file injunction suit against the society and the persons in the civil court.


T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

Dear sir/ma'am,

it is advisable to resolve the issue amicably, if things are beyond control, you can make laws on security and parking and also the uses of the path, since you are the part of the committee. It should be for the benefit of all, if issues still persist, you can send legal notice to the defaulters.

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

Hi, Pass a resolutions in the general body stating that members and children's will not allow to play in the Common area. Inspite of the resolutions if they started playing  then you can issue Notice to them.

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
269 Consultations

4.5 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer