• My opp flat resident keeping plants in walk way

Hi, my opp flat resident keeping plants in walk way and it is common area, and the plants he is keeping is kept to common area wall not his flat wall. And water coming from his pots to walk way my 7yrs daughter fell down one day due to his plants water. My submitted aomplaint in society office, concerned members spoke to that guy despite he is not removing plants. What to do pls help i have aged mother at home i have concern i she fell down like my daughter. Pls help. We both are owners only.
Asked 6 months ago in Property Law
Religion: Hindu

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9 Answers

Issue legal notice to neighbour to remove plants kept in common area of society 

 

2) if he refuses obtain court orders to direct neighbour yo remove plants kept on common area 

 

3) society can also impose penalty on neighbour of he fails to remove plants 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

- As per rule , the 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 society is bound to take legal action against the said resident , otherwise has right to remove his membership 

- You can lodge a complaint against him before the management of society and if no response then file a complaint before the registrar.

- You can send a legal notice to him as well as to the society. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

Well, if the placing of flower plants causing general obstructions to the fee ingress and egress of the flat and nuisance to the flat owners, then you can remove the pots for safety of all others.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

If a neighbor is keeping plants in the walkway of your apartment building, it's best to first try communicating with them directly. If that doesn't resolve the issue, you could then approach your building's management or housing association. If the problem persists, you might consider contacting the local authorities, like the ward office of the municipal corporation, as plants blocking a walkway can be a safety hazard and a potential violation of building rules. 

Besides it may be an obstruction to your ingress and egress hence you can resort to legal options if your efforts to resolve them amicably proves futile.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

He don’t have to remove pots he can keep saucer below if he doesn’t co-operate you can complain to deputy registrar or co-operative court for the same

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Dear Client,

Submit a detailed written complaint to the Society Managing Committee/Secretary. And also mention your previous complaint and address that the issue remains unsolved. If your society has specific by-laws regarding common areas or preventing obstruction/spillage, quote those specific by-laws. (Check your society's by-laws, they almost certainly have clauses about keeping common areas clear). And request immediate action for the removal of the plants and prevention of water spillage.

Keep a copy of this complaint, duly acknowledged by the society office (with date and signature/stamp). Send it via email as well for a digital record.

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

Send a legal notice through lawyer to him and society citing nuisance & safety hazard.
If no action, file complaint with Municipal Corporation / local authority & approach civil court for injunction to remove plants.
Maintain all records (complaint copies, photos, injury report).

Shubham Goyal
Advocate, Delhi
2101 Answers
15 Consultations

Go to < prajavani telangana complaint> portal. Give details of grevance. Office of district collector will direct the  local police to take action. A copy of direction will be forwarded to you take that copy of local police, they will immediately take action.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Dear Sir/Madam,

If the said person is not listening the advices/calls of the society members, then you may file a complaint against him to police regarding nuisance. Also, you may claim compensation regarding daughter's damage/hurt. 

 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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