Well, this is weird. What does that have to do with any nuisance. You are doing it within your own private property and they cannot interfere in it.
Does hanging green cloth in balcony as sunscreen for plants a violation for facade change
Hi My society’s facility management has sent me a notice to remove green cloth that I have hung in my balcony as a sun screen for protecting plants from the scorching heat of Gurgaon summers. This is a temporary arrangement that will be removed after couple of months of hot summer. This cloth is temporary hung as a sunscreen Thanks in advance Sanjeev Mehen
Asked 2 years ago in Civil Law
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11 Answers
Just to be clear this is a multi story apartment. It is totally internal in my balcony.
Asked 2 years ago
No it's not
Reply to notice that you have not changed facade of your flat
green cloth has been hung on your balcony as sun screen against scorching heat of the summers
No facade changed has been done . It is temporary measure
Hi, There is no Facede change. You have not violated any of the law.
if balcony is internal, no rules are violated even presuming that there are such rules included in bylaws of society.
The society has no business to ask you to remove the cloth hung in your balcony. Write back to them refusing to do so and demand under what provision of your society's bylaws do they ask you to do it.
- As per law, a society/RWA 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.
- Hence, society having no right to issue notice to you only on the ground of green cloth hung in the balcony , and which is also not creating any trouble for other residents of the society
- Hence, you can give reply to the said notice after mentioning that this is for temporary and for the plantation , and being member of the society you having all your right to do so, as it not violates any rule of the society .
Dear Client,
As per the facts provided, If it is done internally on your balcony without blocking anybody's view and is temporary, you can go for it stating to society's management that you will remove it after the summer.
Thank You
You may ask the association to notify the law by which they are restricting you from doing so, if they dont quote but put pressure on you then you may take legal action against them for nuisance and tortures.
If they have issued any notice then you can issue a reply notice properly either by yourself or through your lawyer denying their allegations.
The hanging of green cloth on your balcony can in no way be an illegal act neither it will spoil the aesthetic of the apartment complex, especially if it is within the internal part of your property and it was put up only to prevent the scorching heat of the sun from entering into your house.
If drying of cloth in the balcony is permissible then the hanging of cloth to prevent sun light's heat from entering into your apartment is also not an illegal act.