the ban on using passenger elevators for construction materials is a safety and operational measure to protect the elevator, its users, and the building's infrastructure,

2) Many apartments have designated service elevators for transporting goods, maintenance staff, and other non-passenger purposes, which are better suited for handling construction materials. 

The association has no such legal right to stipulate such conditions. Lifts are common amenities meant for the use of all residents (and visitors too). However, they may have a point in saying that carrying heavy construction materials may cause damage to the newly-installed lifts, besides causing inconvenience to other users such as office-goers, children, women, senior citizens, service providers and vendors. You need to indemnify the association against any damage to the lift.  Alernatively, you may think of putting up a temporary pulley arrangemnet (to be fixed on roof-top) for hoisting the materials up.Charging any fee for moving household goods is unlawful. Lodge your protest in writing with the association. If they still persist with their unlawful actions, engage a competent lawyer to take further appropriate action. Parallelly, you may appeal to their good senses in order to avoid any unpleasantness. 

This situation sounds incredibly frustrating. Dealing with unexpected changes to rules, especially when you're in the middle of a major home repair, can be a huge headache.

The core of the issue seems to be a conflict between the apartment association's new rules and the existing bylaws or lack thereof. Here's a breakdown of the key points and some potential ways to address the situation.

1. Review the Apartment Bylaws

First, you need to understand your rights as a resident. Your association's bylaws are the most important document here.

• Check for specific language: Re-read the official bylaws for any mention of lift usage, particularly for moving goods or construction materials.

• Look for clauses on resolutions: The bylaws should also outline the process for how the committee can pass new rules or "resolutions." If they haven't followed the proper procedure (e.g., getting a majority vote from residents), the new rule might not be legally enforceable.

If the bylaws are silent on this matter, and there is no provision for the committee to make such resolutions, their actions may be open to challenge.

2. Communicate with the Association Committee

Instead of a confrontational approach, start with a formal, written communication to the association committee. This creates a paper trail and shows that you are trying to resolve the issue amicably.

• Reference your repair work: Mention that you had already informed them about your bathroom repair on MyGate and that work had already started. This establishes that you were proactive and that the new rule is creating a sudden disruption.

• Question the basis of the new rule: Ask for a copy of the official "resolution" and the reasoning behind it. Specifically, ask for any technical justification from the lift manufacturer regarding the sensors. This forces them to provide a concrete reason rather than a vague one.

• Propose a compromise: Suggest a solution that addresses their concerns while allowing you to complete your work. For example, you could propose using the lift during non-peak hours, covering the lift's interior to protect it, or having a dedicated committee member supervise the process.

3. Address the Fees for Moving Goods

The sudden introduction of a 5k to 10k fee for shifting household goods is also a point of concern.

• Ask for an explanation: In your letter, ask for a clear breakdown of how this fee was determined. Is it based on the cost of supervision, potential damage, or something else?

• Compare to other complexes: Check with residents in other nearby apartment complexes to see if similar fees are being charged. This can help you determine if the amount is reasonable or excessive.

What to Do Next

If the committee is unwilling to compromise, your options may include:

• Involving other residents: Are there other residents who are also frustrated by these new rules? A collective voice is much stronger than an individual one. You could gather signatures for a petition or organize a meeting to discuss the issue.

• Legal recourse: If all else fails, you may need to consult with a lawyer specializing in real estate or apartment association law. They can advise you on the legal enforceability of the committee's resolutions and your rights as a resident.

Focus on gathering all the necessary information first—the bylaws, the committee's resolution, and a detailed record of your communication with them. This will put you in the strongest possible position to advocate for a fair solution.

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents, and Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- Further, a Resident Welfare Association is a body that represents interest of people living in the Apartment or a society and the association is responsible for managing day-to-day problems of the residents, organizing events, managing facilities in the apartments and complexes and safeguarding the rights of the unit holders.

- Hence, the it is against the norms that the material should be carried through stairs on the 9th floor.

- You can give a complaint to the management of the association against the same, and if no positive response then file a complaint before the registrar of societies , however send a legal notice before filing the complaint. 

They can’t ban such use of lift. You cans state that if any damage happens you will reimburse for the lift charges 

The housing society in Chennai can ban the use of the elevator for carrying construction materials, especially to the ninth floor, if the society's bye-laws or regulations don't permit it and if the materials are likely to damage the lift or create a nuisance.

Construction materials can be bulky, heavy, and potentially cause damage to the lift's interior or machinery. 

This can lead to costly repairs and inconvenience for other residents

Construction work can create dust, debris, and mess, making it difficult to maintain the cleanliness and hygiene of the lift and common areas. 

Many societies have designated service lifts for transporting materials, and using the passenger lift for this purpose can be a violation of the rules. 

The society should clearly communicate these rules to all residents and contractors, ensuring everyone is aware of the restrictions.

The society can provide alternative solutions, such as designating a service lift for construction materials or suggesting the use of stairs for carrying lighter items.

The society can enforce the rules by imposing penalties or fines for violations. 

If the society has a ban in place, it's crucial to adhere to the rules to avoid any issues or penalties. 

Solution is your problem is not legal. No Court will issue any order to RWA to allow a resident to use lifts for hauling construction material like bricks, sand, gravel, cement, pipes, steel etc. Other resident have right to take objections, even if no objections are taken, it is not practical. Initiate proposal for installation of service life.

You cannot be unreasonably prevented from using lifts for your own apartment repairs. Committee resolutions that conflict with your bylaws or statutory rights are invalid.

1. Refer the committee to the TN Apartment Owners’ Act and your society’s bylaws—nothing prohibits using lifts for repair materials.

2. Call an EGM under your bylaws to rescind the ad-hoc resolution.

3. If they refuse, send a legal notice threatening to file a petition before the District Consumer Disputes Redressal Forum or Tamil Nadu Housing Board.

You have informed us regarding the recent decision taken by the association of your 25-year-old apartment complex in Chennai, where they have replaced the lifts and suddenly imposed a ban on using the lifts to carry construction materials such as tiles, concrete, and debris. As you reside on the 9th floor and have informed the association about your bathroom repair work via MyGate, you have now been told to arrange laborers to carry these materials and debris up and down the stairs, which is impractical and inhuman. Additionally, the association is charging hefty amounts (₹5,000 to ₹10,000) for shifting household goods using the lift. You mentioned that such restrictions were not previously in place, and the bylaws do not specify these rules; instead, they are being dictated by the committee through resolutions.

We have reviewed the relevant legal framework applicable to apartment owners' associations and lift use in India, as well as specifically under Tamil Nadu laws:

1. Lift Use and Restrictions:

   • The use of lifts is generally considered an essential amenity in residential buildings, especially for higher floors.

   • While an association can regulate lift use to ensure safety and proper maintenance, sudden and arbitrary restrictions like banning lift use for transporting necessary construction materials or debris are not typical and may be challenged as unreasonable.

   • The concern that new sensors may get affected should ideally be addressed by proper guidelines or timing, not by imposing a complete ban on construction material use.

   • Charging exorbitant fees for shifting household goods through lifts, when such practice was absent earlier, should be backed by clear provisions in the bylaws or approved resolutions and must be reasonable.

2. Authority of Resolutions vs. Bylaws:

   • Bylaws of the apartment association form a binding agreement among members and govern maintenance, common area use, and other matters.

   • Resolutions passed by the association committee are binding only if made in accordance with the bylaws and proper voting procedures.

   • Arbitrary resolutions not in line with bylaws or without procedure may not be legally enforceable and can be challenged by the members.

   • The association is expected to act reasonably and in good faith to protect the rights and interests of all residents.

3. Your Rights and Possible Actions:

   • The association cannot impose inhuman or impractical conditions such as forcing laborers to carry heavy construction materials up 9 floors without lift access, as it affects your fundamental right to reasonable use of the common amenities.

   • You may request the association to provide written grounds for their decision and the basis on which fees are charged.

   • If the association's decision causes undue hardship or violates the bylaws, you have the right to challenge the resolutions at the general body meeting or seek legal recourse.

   • You may also request mediation or intervention through the competent authority if needed.

If you require, we can assist you in drafting a formal communication to the association pointing out these concerns, advising on your legal rights under the Tamil Nadu Apartment Ownership Act, 2022, and if necessary, represent you in negotiations or legal proceedings. Please feel free to contact us for further assistance.