1) garbage disposal cannot be stoped
2) you cannot use common areas for keeping show racks and bicycle
3) association can impose penalty on you
Common area / Corridor area
Hi Our association has passed a rule that Shoe racks and bicycles cannot be kept in Corridor area outside my flat stating this is as per law. If we do not do it, they have threatened not to remove our garbage. Kindly note that this does not inconvenience other flat mates in the same floor and they have not complained. The item in the corridor does not occupy floor space, does not obstruct movement and is also not fire hazard prone like a wooden shoe rack. All my maintenance charges are paid up till date. My Queries are: 1. Is it legal to threaten garbage removal which is a hygiene and a health issue against corridor usage? 2. Does law demand that i cannot use space outside my flat for any personal use. They have not removed garbage for the last 2 days and what rights do i have as an apartment owner after paying up all maintenance fees regularly. Best Regards
Asked 4 years ago in Property Law
Religion: Hindu
30 Answers
1. Such threat is absolutely illegal and next time record such conversations and lodge complaint with police.
2. Well, the law says non obstruction of common ingress and egress outlet. If keeping shoes doesn't take much space then it is a bit issue.
However try to create a consensus kn this. If everyone is keeping shoes inside then you better follow this regimen. It would augment the beauty of your property only.
If then Bylaws has been passed in the SGM then you need to follow that rule, As per the Society or Associate act. The common area does not belongs to individual flat owner at all. So kindly park your bicycles in the common parking area and make there locking arrangement properly.
Not picking up garbage from your door its high unethical behaviors of society, but you should also obey the law. You can't claim or nobody can claim flat owners individual right in the common space or area. Flat owner has rights inside the main door what is mentioned in the sale deed agreement.
There is no such law, but these societies can make their bye-laws. this is a general norm to which societies are adhering. You may write to them politely about your problem or to the registrar of societies.
1. The society can impose a penalty on you for breach of bye-laws though the activity of waste collection and disposal cannot be stopped it.
2. You cannot use a common area for storing your belongings, the society has the right to impose the penalty on this.
Dear Sir,
The bye-laws or rules regarding shoe racks are made only for the convenience of the owners of the flats /apartments and it should not harm any one . You are suggested to inform the society management regarding removal of garbage problem and if not heard by them, complain to registrar of society.
1. No they cannot threaten, serve them a legal notice.
2. Yes this is the rule.
You are worried about the garbage not being picked up but imagine the foul smell from your shoe rack. Now a days people don't complain is being their flats are shut for the day and that's why they do not experience any such smell. There is no law per se but you have to understand that the space on each floor is not your personal space even though it does not bother your neighbours.
Ideally society cannot threaten you to not pick your garbage however you being a responsible member should yourself understand the situation and not keep any shoe racks on the floor.
How they can pass such resolution which is basically illegal obstructing once right to use space adjacent to his/her flat, so file an objection to the association and if they don't recall this resolution , file an application with the concern police station and registrar of the societies against such illegal act.
Yes they can pass this rule , however the common passage can be used for those reasons untill and unless it creates any nuisance to your neighbour.
Regards
Ask the association to show the rule which prohibit shoe rack outside. Generally it is not permitted but only when rules prohibit.
If garbage not removed, you can put it in other portion of society. When mess will create itself will remove.
Stop paying MC for the period garbage not removed.
1. Actually it's common area you can't occupy it but you can keep it without obstruction and nuisance. Society act smart and tries to bully members. It illegal to remove garbage removal. You can stop paying maintenance if done so and complain to dy registrar
Residents' welfare associations have their own rules. The affairs of a Condominium are managed by the Board of Managers who is elected by the members of the Apartment Owners Association. If the association has passed the rule with regard to Shoe racks and bicycles which cannot be kept in Corridor area outside then it is applicable to all members. In such a stage you cannot use common areas for keeping show racks and bicycle. If you do wrong then the association can only impose fine or penalty.
The threat from association not to depose the garbage is illegal. The garbage disposal cannot be stopped by the association. If possible settle the matter amicably with a peaceful talk with office bearers.
Thanks for the answers. The law prohibits usage of common space for anything that obstructs movement or hazardous (fire) or it's a nuissance to neighbours or it occupies floor space. This is my understanding. But I have a small wall hanging shoe rack unit which is made of Solid metal, with aesthetic finish, does not occupy floor space and the width is less than 3 inches. This does not meet cause violation of the law in my opinion. Does this still qualify as violation of rules or can I contend legally that it is not a violation? Thanks.
Asked 4 years ago
It is violation of rules
you cannot keep show rack in common area
The society bye laws is to be seen before deciding whether it violates the rules in its letter and spirit or not.
It is because than other will also do and this will become rampant problem
You can use it don't be afraid.
1. Such threaten is not legal , and you can lodge a complaint against the association .
2. As per law, An association /RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further , the by rules and resolutions of the association must be limited to the mandate of governing the associations affairs and nothing more.
- Hence the said rule is against the welfare of the residents , as the exact portion of the flat is not treated as common area, and further as this also not obstructs movements & hazardous of neighbours.
- Further , as you are paying the maintenance fee , then the association is bound to remove the garbage . You can lodge your complaint before the competent authority like Municipal corporation as well.
It is a violation of rules, you are not permitted to fix anything of any size in common space without NOC or approval.
You will convince the office bearers as per your opinion. If they are satisfied then the rule of violation may changed.
If every flat owner has this "small wall hanging shoe rack unit which is made of Solid metal" outside their main door then it can be used. Otherwise not, If it is from day one in the builders layout permission took from Municipal Corporation than you can use it other wise not.
Yes this is somehow the violation of law
All open /common spaces meant for use of all members eg, staircase, steps, landing areas, parking areas, lift, corridor, and such other spaces, cannot be occupied by any member for his own use.
Keeping any thing in common area is not allowed.Therefore, there is no relief to you.
The moment you remove all the obstacles on the corridor
No it's not a violation.
1. The legality about this will depend on the bylaws in this regard.
The bylaws in this regard are final because they are made for the convenience of all the members and not for few.
Your neighbors may not complain neither it would be hazardous to others, but the rule of the association has to be respected by all the members if not the law will take its own course of action.
2. You cannot agitate over the bylaws of the association as an individual.
You have no choice than to comply with the rules made in this regard and raise this question in the next meeting of the association with the support of majority members.
You would justify your cause of action for your convenience but not abiding by the law is not an excuse.
You are not exempted to not to abide by the bylaws of the association.
If you have been prohibited of using the common passage then you cannot justify the same by giving any type of reason and your agitation over the treatment meted out to you also do not have any justified grounds to exempt you from the provisions of law.
Dear Sir,
Every case has its own facts and circumstances and this is the specialty that your shoe rack is not hampering anyone in the society and you are suggested to mention all the facts to the society that your shoes is not harming anyone by any means.
1. It is illegal to threaten for stopping some basic service due to dispute like this.
2. No there is no such law until there is some obstruction due to that stuff.
3. You can send a written complaint before secretary of society for this inconvenience.
4. If he doesn't entertain your application then you can make complaint to assistant registrar coop societies against secretary of society.
- As per the information mentioned in the present query, makes it clear that you have not in violation of anyone’s legal rights as the act that you have been practising is neither nuisance by any means nor causing any harm if any sort to anyone.
- I would like to apprise you that you need to act upon it by sending a Legal Notice to the society stating you remove your garbage as others have even taken case off otherwise you may have to seek the way of law of court to decide the matter and your rights too.
- In fact, this is the violation of your easement rights and fundamental rights of not having freedom to life and liberty in your own way.