Hello Everyone, I stay in an apartment. Basically there are only two flats in our wing starting from the elevator - Unit 4 and Unit 5 as shown in the picture. I stay in Unit 5(corner flat). Currently, I am facing issues with my adjacent neighbour(Unit 4). Issue 1: My neighbour occupied majority of the corridor space with Flower pots and Shoe stand near my flat entrance keeping the area empty near their flat entrance which has made the pathway congested near our flat. That owner claims that the corridor area spanning his internal wall belongs to him. My understanding is that the corridor is no-man's area but is public and common to everyone and Personal area is only confined within the internal walls of the respective flat. So, my request was to share(i.e utilized by both of us) the area among both of us from the elevator. I have asked them to move their stuff a couple feet from where they are right now for which the neighbor has denied and said it is their area. At the time of sale, each of the flat owner has paid 25% as common area charges, and in fact we have paid more amount than them as our flat is bigger than their carpet area. Unit 4: 1710 sft Unit 5: 1933 sft Issue 2: For the same corridor area, as shaded in the picture attached, they have also made few cosmetic developments like false roofing and wall paneling using PVC material for all over the area that spans along their flat walls. Again I believe, even this is a violation as the corridor area is public and no one can alter the elevation look of the apartment. While this also devalues my flat because of their alteration as their flat has more common wall and visibility in our corridor wing. Added to this, they also spanned the same PVC paneling to the lift area(false-roofing and walls) as well. For both the issues, we have raised our concerns with the apartment welfare association. They did not help in any manner for Issue 1. Besides, they said, the cosmetics are fine because it is their area per Issue 2 raised. As the issues are on-going and not resolved, we currently have stopped paying the maintenance. Also worth noting, Unit-4 owner as one of the Executive Committee member of our apartment welfare association. Questions: 1. Can someone shed some light on the rights of the flat owners pertaining to Issue 1 and Issue 2? 2. Are we on the fair side of our demand related to issue-1 requesting to move their stuff and not paying the maintenance until the issue is resolved? The association keeps on asking to clear the dues on WhatsApp group but least bothered in resolving the issue. Is the apt association not responsible in resolving such issues? 3. What does the rule position say related to both the issues? Implications? 4. As far as we know the bye-laws has not been formatted so far by the apartment association. It is a 10 year old apt. Please use link below for pictorial representation of the issue: https://photos.app.goo.gl/aj9og8b7fnL9GeWg7
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Passage forms part of common area for benefit of all flat owners
2) placing of flower pots and shoes stand amounts to encroachment of common area
3) alteration of elevation is not permissible
4) you cannot stop paying maintenance because you have dispute with management of your complex
5) obtain court orders to direct neighbour to remove encroachment
- As per rule , the society/Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
-Further, 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
- Hence, the said neighbor has no right to use the common area i.e. out side of his flat /passage /corridor, and if he is not ready to remove the same then you can file a complaint against him before the association , and can get relief after filing an Injunction suit before the Court.
- Further, if the association is not resolving the said issues faced by you , then you can even lodge a complaint before the registrar against the society as well.
1. Both the issues are circled around only one question i.e. is he the owner of the corridor area?
2. The answer can be found from the sale deed wherein the schedule of the property exclusively owned by him has been clearly mentioned.
3. From plain reading of your query it can be stated that your neighbour has no right to claim any right on the corridor area.
Dear Client,
Under Indian law, owners have a number of legal rights; These rights encompass a variety of topics, such as equitable treatment, security of tenure, deposits, rent, upkeep, repairs, and lease agreement termination. The majority of maintenance fees go towards providing security services, such as CCTV, and maintaining common areas and utilities. Elevators, a club house and generators are examples of shared amenities. The purchaser should be aware of this and ensure that developers do not inflate maintenance fees to cover overhead and administrative costs. According to this you, are on fair side of our demand related to issue-1 requesting to move their stuff and not paying the maintenance until the issue is resolved, and apartment association is responsible.
1. The common areas as the name suggests it belongs to all the members residing there.
If the association is not paying heed to the concerns expressed by an aggrieved member, then he can approach the local civic body with a complaint against the intruder and offender who has altered the structure on his own, depriving the rights of other members in the common area.
2. Encroachment of common area by one member cannot give right to the other members from stopping the payment towards monthly maintenance amount. There's no justification in it. You can take legal action against him but you cannot punish the association by refraining from making the monthly maintenance amount.
3. The association bylaws have answer to your issues.
4. If the association is a registered body then it is bound to be governed by the bylaws.
1. Corridor are meant to be used for common purposes and no encroachment of any kind can be done. However with mutual consent small flower vase or shoe rack can be placed without causing obstruction to the residents.
2. Stopping of maintenance fees is not the correct steps ad it must be cleared sooner than later. However you can delay it to cause pressure upon the association to resolve the issue.
3. Refer the Bye laws.
4. If bye laws is silent then file civil suit for injunction.
You need to file appropriate proceedings against the society and neighbor before Dy registrar and seek remedies. You can’t withhold maintenance for this issue but can seek compensation from court for said harassment
