• Solar in private terrace in an apartment

We have a duplex apartment with 700 sq ft open private terrace as part of our flat. We have paid for the terrace and is included in our sale deed. It is not a common area. We want to put solar by erecting temporary fabrication and our association is objecting to the fabrication. Many duplex flat owners have already done fabrication. The new committee is saying that the beauty of the apartment will be spoiled. They are saying that those who erected on the past will remain and are objecting to only those who are planning to do it now. The committee has made this rule after we bought the apartment in December. This is arbitrary. Please suggest a way out. Thanks
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

You do not have to pay heed to the objections made by the committee or the association in this regard.

You can proceed with your proposed installation.

The committee cannot physically stop you from doing so, if at all they have any grievances in this regard, they may have to approach court alone for relief or remedy.

You can defend your interests by showing the photographs of installation of the system of other people of this association before court and get exemption . 

If they threaten you with any other action like disconnecting your service connection or water supply you may issue a strong legal notice through a lawyer and drag them to consumer forum seeking relief and remedy through the legal forum.

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

You can put the same in that area of objected can complain to the dy registrar or competent authority

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

You need association  NOC for installation of solar panels in terrace 

 

you can take legal proceedings against association refusal to give you NOC as other flat owners have been permitted to do so 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

Poluce would not intervene as it is a civil dispute 

 

complain to muncipal corporation to demolish structures installed by other flat owners 

Ajay Sethi
Advocate, Mumbai
99867 Answers
8149 Consultations

If they physically stop you by force then you can approach with a criminal complaint for various offenses including criminal intimidation and a civil court with a suit for permanent injunction against the association to restrain them from restraining them from causing obstruction or hindrance to your proposed installation. 

You can cite the existing installations as evidence to permit you to do the same. 

You can consult an advocate and issue a legal notice initially if necessary 

T Kalaiselvan
Advocate, Vellore
90068 Answers
2500 Consultations

Confront Association with “Draft National Policy NITI Aayog, Government of India, Version as on 27.06.2017, you will get it on google. There can be no law, bylaws, regulations against declared Government policy. You have right to install solar panels on terrace in furtherance of government policy to generate alternate source of energy. Issue them a strong notice referring to said policy and also mark copy of notice with covering letter in the form of  complaint against Association.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Yes temporary structure is allowed

Prashant Nayak
Advocate, Mumbai
34581 Answers
249 Consultations

Dear Client,

              You can build the property only when the city authority approves your building plan. In addition, you need a clearance certificate from the development authority, apart from clearances from other state departments such as fire safety, environment and transport departments. You can go to the municipal corporation and file a complaint against unauthorised construction. You can also file a petition in the High Court under Article 226 of the Constitution of India.   

Thanks & Regards           

Anik Miu
Advocate, Bangalore
11022 Answers
125 Consultations

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