It should be as per plan otherwise illegal. Yes home owners need to be informed
Is toilet construction for watchman in terrace legal when homeowners were not informed?
I am a tenant in an apartment whose owners are settled in the US. We received a notice a week back from the secretary saying that toilet construction will be done in the premises for watchman & asked homeowners to pay 5k. The location of the toilet was never mentioned in the notice & we assumed it would be in the common area near motor in the ground floor. However, today workers have started construction the toilet in the terrace right above our kitchen. When we told our owners they got anxious and mentioned that they were not informed either. Now they have sent an email asking the association secretary to stop the construction. However, he threatened to cut out our water supply. It does not seem like anyone was informed but the worst affected is us - right above our kitchen. Is this legal to start construction without informing location?
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
The provision of toilet is not a mandatory requirement neither the management committee can take a decision to construct this additional structure on their own by deviating the approved plan of the apartment complex. A general body meeting of the association to be conducted and any such major decision should have the approval of the majority members by passing a resolution.
Since the proposed additional structure is likely to come right over your roof, your owner may file a suit for permanent injunction against the association to restrain it from proceeding with the proposed construction besides making a complaint with the local civic competent authority about this and also to the registrar of the society.
Ask your owner to make complaint to your area cooperative housing society sub registrar office. And the construction of toilet should be built on toilet and not on kitchen.
Water is essential supply and cannot be disconnected
2) further no toilet construction can be carried on the terrace of apartment block
3) ask owner to complain to muncipal corporation against apartment office bearers for carrying out unauthorised construction
4) owner can take legal proceedings to stop construction of toilet
The terrace forms part of 'common area' meant for the use and enjoyment of all residents. Any construction shall be illegal. Ask the secretary to show you the building licence issued by the corporation permitting such construction. Do not pay any money. Lodge your protest in writing with the secretary. Alert the flat owner. Ask him/her to lodge his/her protest too in writing.
Dear Client,
If it has not been mentioned in the society's plan then the construction cannot take place without the consent of the owners of the flat.
Thank You
If the society is formed under state law then for any amendment or addition in building structure society needs NOC from each member.
