Take the plea that grill has been installed as you have young kids at home and as a safety measure
that grills were installed with permission of builder 6 years back
Extension of grill to install grill
I am staying in Mira Road Thane. After taking possession of my flat, I made some changes which include the extension of the grill to fix the external unit (compressor) of the AC. This was done in 2015. At the time of the formation of society, the builder checked every flat in our building including ours and submitted his observation to the newly formed managing committee. The then managing committee didn't make any objection to this (extension of the grill) while taking the handover from the builder. Few other flat owners too extended their grill to fix the AC. After two years a new committee was formed. Three AGM's have happened since the formation of the new managing committee. Now the committee has sent me a notice to remove the extended grill. The same notice is sent to other flat owners who have extended their grill. What should we do?
Asked 4 years ago in Property Law
Religion: Hindu
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
10 Answers
As long as the grill is only an extension from your flat and does not obstruct or encroach upon any common area or utility, the association cannot legally object. You may please write back to them explaining the factual position.
- As per law, a society has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.
- Since, the installation of the said Grill was allowed by the builder and further by the earlier society , then the new society cannot dictate to remove the same .
- You can reply the said notice after mentioning that this extension was properly approved by the society in 2015 , and further it not giving any trouble to others .
- If refused, then file a complaint before the registrar of the society.
If you have received the notice it becomes your duty to issue a reply notice denying their allegations.
You can very well state in your reply that the extended portion was existing even before the formation of the society and it was very well in the knowledge of the society till this date but due to some personal vendetta of some of the MC members, this has been object to even through there is no such restrictions in the bylaws of the association.
The association cannot take action to demolish or remove the extension on their own without any order of court in this regard, hence they may have to approach court with a suit for mandatory injunction seeking to remove the unauthorised extension of the grill, in that case they may have to file the suit against all those who have deviated in this manner.
You contest the notice and reply the same. If it's not against corporation rules you can continue with it.
If you need any further assistance.You can approach me through Kaanoon or LinkedIn.
Dear client,
Whether asking you to take it down is valid will depend upon the construction of the grill. Do you own the space upon which the grill has been made? Is it taking up too much space? Is it obstructing any path? If the answer to all these questions is in your favour then you may still be able to keep it up. Ask them for proper reasoning as to why you must remove your grill.
Thank you.
Yes, the space is owned by me, The flat is on the 8th floor of the building and it is not obstructing anyone's path of view. Not it's taking too much of a space. The committee's reasoning it that it could be risky and spoil the décor of the building. There are few other flat owners who have done the same. Installing the compressor of the split AC outside the building wall by constructing a box grill over the window is very common everywhere.
Asked 4 years ago
Best of luck
You have mentioned that same notice have been issued to other flat owners too, hence all of you can discuss and approach the society to settle the matter without removing the existing arrangement made by you people.
If at all the society is still reluctant to listen to your pleas you may remain silent and wait for the society to take legal action which can be challenged as per law, because this cannot be considered as deviation of the main plan of the building neither this can be termed as alteration to the structure.
Ask society to take action against other flat owners who have installed grills
that you have installed grills as safety measure
The Committee's objection is unreasonable. Is there any bylaw which supports their view? Please send them a legal notice.