• Issue with owners welfare association

Dear Members,

We are currently facing an issue with the owner's welfare association of my villa community in Hyderabad. We have taken handover of our villa and have engaged an interior development team for the interior work. The newly elected owner's welfare association initially agreed for the interior development team to stay overnight in our villa, based on this agreement we proceeded with our vendors and commenced the interior design work. This arrangement was also adopted by other villa owners.

However, due to an incident that occurred a couple of days ago involving one of the villa's interior development team members, the owner's welfare association is now forcing all vendors to refrain from staying overnight in the villa, effective immediately. This decision is adversely affecting my timelines, as we have already made preparations for a housewarming function, and financially, as we have existing agreements with all our vendors.

Despite my attempts to communicate via email and messages, the owner's welfare association has not responded, and their behavior towards our concerns has been rude.

Given this situation, what options are available to me to protect my rights?

Regards,
Sivasena Reddy
Asked 3 months ago in Property Law
Religion: Hindu

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7 Answers

The association is correct . 

 

2) it is security hazard if contractor workers stay over night in the villa 

 

3) if the workers commit any offence the association will face flak from other villa owners 

 

4) you dont have any right to force the owner association to permit your staff to reside over night in your villa

 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Dear Sivasena Reddy,

 

I'm really sorry to hear about the trouble you're facing with the owner's welfare association. If they're not answering your messages, you might try talking to them face-to-face. Maybe a calm chat could help sort things out. If that doesn't work, consider getting together with other owners who are having the same problem. There's often more power in numbers.

 

Check the association's rules again too, just to make sure there wasn't anything about this in the fine print. If you've got a signed agreement allowing your team to stay over, that could be a strong point for you.

 

 

Hope this helps and that your issue gets sorted quickly!

 

Best regards,

[adv.lavish tegta

 

Lavish Tegta
Advocate, Shimla
1 Answer

Not rated

1)it is not fair but security of villa owners is paramount consideration 

 

2) no society or association permits contractor workers to reside inside the complex at night 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

The owners association cannot object or restrain you from permitting the vendors or your guests to stay overnight in your own property/villa  especially when they have been assigned with a special task to be completed within a time frame. 

If they are very rude in their behavior or attitude, you can issue a legal notice to them immediately through a lawyer and instruct them to not to interfere in your possession of the property.

You can also inform them that they cannot frame their own laws in this regard, and it is not their responsibility if anything goes wrong, that you will bear the liabilities accordinlgy

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

There is no issue of fair or unfair.

It is to be confirmed that whether they have any power or rights to prevent you from going ahead with your program for interior and whether they are having any power to restrict you from allowing somebody to stay overnight in your house.

You can issue a legal notice to the persons individually who are creating such problems and warn them of stern legal action if they do not curb their such undesirable activities for severe legal consequences

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

They can’t do it forcibly and you can file a police complaint. They need court permission to do that

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

Dear Client,

Keep a record of all communications, including emails and messages, related to the initial agreement, the change in policy, and your attempts to communicate with the association. This documentation can serve as evidence in case you need to escalate the matter. Familiarize yourself with the association's bylaws and regulations to understand whether there are specific rules regarding overnight stays or any dispute resolution mechanisms. This will help you determine if the association's actions are within their rights. Send a formal written request to the owner's welfare association for a meeting to discuss the issue in person.  Clearly express your concerns, present the agreed-upon arrangement, and highlight the impact of the sudden change on your plans and financial commitments. Engage with other affected villa owners who may be facing similar challenges. A collective effort and a unified voice may have a stronger impact on the association's decision-making process

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

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