• Ramp alterations for medical reasons in gated community

We own a villa in a gated community, with a ramp near the entrance. My MIL is stage 3 Parkinson's patient and needs rough surface to walk or stairs with railing. The resident welfare association is throwing objection to either of the changes. And threatening us that they would stop electricity and water connection. 

What r my options in this case?
Asked 2 years ago in Property Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

The objection of RWA is unreasonable and as per in no eventuality water and electricity and other necessary utilities cannot be stopped nor can be disconnected. If RWA dare then just call the police and lodge complaint. However, you can use titles which can be stick on existing floor without causing any damage to the ramp. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

If association is refusing you to permit you to make necessary changes then you need court orders to permit you to make alterations in ramp .

 

enclose copy of mother medical reports that she is suffering from Parkinson’s disease 

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

You need rough surface on ramp with railings for safety purposes 

 

You can issue legal notice to association if they are refusing to grant permission for making alterations in ramp

 

if they fail to reply to legal notice or refuse then court orders is only solution 

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

This would be considered as structural changes, for which the RWA cannot take a decision on its own, it has to conduct a emergency meeting and get the proposal approved by a resolution to be passed in the meeting.

Until then you cannot make any changes on your own violating the law and bylaws of the society.

In any case the RWA cannot disconnect the basic amenities like water or electricity supply.

You can issue a legal notice to refrain them from indulging in such activities against the interest of the members of the association.

 

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

The issue can be taken up through the association emergency meeting and can explain the danger involved  for the senior citizens who are using them and request for the proposed change.

If the association is not listening to your request you may adopt due process of law by approaching court for relief including consumer forum

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

Please explain your difficulty to the association and convince them, and negotiate with them for a mutually acceptable, practical solution. There are no court rulings on such matters, unfortunately, to my knowledge.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

If the resident welfare association (RWA) refuses to allow you to make necessary changes to the ramp for your mother, who has Parkinson's disease, you will need to obtain a court order to permit the alterations. You should enclose a copy of your mother's medical reports with the court order application.

You can issue a legal notice to the RWA if they refuse to grant permission for the alterations. If they do not respond to the legal notice or continue to refuse, you will need to file a lawsuit in court.

The court order will allow you to make the necessary changes to the ramp, such as adding a rough surface and railings for safety purposes

 

Anik Miu
Advocate, Bangalore
11019 Answers
125 Consultations

You can file complaint in the said matter in society and also approach consumer court 

Prashant Nayak
Advocate, Mumbai
34540 Answers
249 Consultations

 -- 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.

- Further, as per rule ,no structure  of   any  kind  whatsoever  temporary  or   permanent  shall  be  erected  or fence/partition  put  up  on  any common  area  that  may  obstruct,  or  impede  free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas adjoining the ground floor flats 

- Further, alteration of any type in the villa require prior permission as per Bye Law, hence you can give a written information regarding the said alteration after declaring that this was only due to medical reasons of your MIL and it will not  obstruct others .

- However, the association is having no rights to stop the electric and water supply and it amounts to an offence 

- As per Supreme Court, No association/society is entitled to disconnect or suspend common amenities including water supply on any ground. 

- Hence, if they try to take the law in its hand , then you can even lodge a complaint before the police and also approach the court after filing an Injunction suit  before the court. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

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