1) you cannot lower the society wall or make it part grill without society consent
2) let all encroachment on common areas be demolished
Lower / restore society boundary wall
For a showroom on the ground floor where the entire front portion is owned by a single person - can he lower/alter the society wall or make it part grill without permission from society . The wall was originally raised by a bank leasing the premises and he claims he is merely restoring it to original height. He is stalling our redevelopment and we have this as leverage over him. Some individuals in the society may have illegally encroached on common areas and he is threatening to get these also broken if we keep denying permission.
Asked 1 year ago in Property Law
Religion: Other
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4 Answers
You can proceed as per the law without giving any concern to his threats.
You can very well make a complaint against him with local civic body if he's trying to alter the structure.
- As per rule ,no structure or alteration 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.
- Further, anything that alters the facade of a building is generally not approved unless expressly passed in AGM by the society.
- Hence, he cannot alter the society wall or make it part grill without the permission of the Society ,and the said threatening cannot be ground for giving him such permission.
Dear client,
The housing society case is about the neighbour who tried to change a wall in the premises without permission. In terms of the Maharashtra Ownership Flats Act 1963 or the Maharashtra Cooperative Societies Act, 1960, any alterations to a structure of a flat need the permission of the society. In response to the problem, study the bye-laws of the society and give a legal notice where the neighbour has to stop the unauthorized activity. If the neighbour persists in opposing the societies decision, seek a complain to the municipal authorities or the Registrar of Cooperative Societies. If needed, go for a temporary injunction to stop the unauthorized acts of modifications. To avoid or grant permission to change common areas give the society a fair play to deal with internal encroachment within societies’ legal framework.
Hope you find this answer suitable for resolving you query.
