Hi, You can't use terrace for your personal use. Now through the General Body, the management committee has ask to remove the same, now you can't claim as legal right.
Terrace garden not being allowed
I live in an apartment in Hyderabad on the fifth floor . Next floor is the terrace . We have kept a small terrace garden . I had taken verbal permission from the then management committee of the apartment. But now after two years of keeping the terrace garden, the new committee has asked us to remove the terrace garden. They intentionally organized a general body meeting for some other reason and this point was included under the "any other points from the Chair" . We were not available during the general body meeting. This being an ancillary point became major point of discussion during the meeting . There is no water seepage from the plants and is being maintained very well by us and is being used for domestic purposes and ours is the biggest flat on the floor and we have kept plants on our side of the terrace only along the periphery without any hindrance to pathway or the open area. Now this committee is asking to remove the plants . Please suggest what to do
Asked 5 years ago in Civil Law
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8 Answers
The decision of AGM is binding upon you
2) if you are aggrieved by decision of AGM you have to take legal proceedings to challenge said decision
Terrace is common space every flat owner have undivided share in it. You can maintain garden as long as there is no one objection from anyone, but once there is objection from any flat owner, need not be by association, you have to remove it. Law is law, applicable to all.
You can object to the same now and refuse to remove garden. If there are more terrace gardens then you all can combine on it. You can go to court for stay if they pressurise.
Dear Sir/ Ma'am,
There can be no restriction on members to use a common area. it is a free access and all the members of society can freely use it. the builder sold old terrace then case can be filed against the builder as he has no right to sell common area. Making nuisance is a wrong, for that you can seek legal help.
In a case filed by Mtunga residents in Maharashtra, it was held that All terraces with common entrance irrespective of which floor it belongs to, can be used by all members of the society. Builders give it to individual owners as it increases the flat value,” said Vasant kumar, marketing manager of Mahim-based Mansi Developers. “A terrace is private only if the entrance is from an individual flat, but normally such a plan is not approved.”
With more and more home buyers asking for private terrace or rooftops, some developers are now selling common terraces. A developer does not have the legal right to sell an area which is shared by all members of the housing society. Similarly, some flat- owners of top floors claim ownership of the terrace and deter other owners from using the same. Both these actions do not conform to the prescribed laws.
it is further added to you knowledge that, even though you were granted the permission verbally by the old committee to maintain a kitchen garden, it is the will of the new committee to decide whether they wish to continue the old practices. The terrace being a common property for all the residents, cannot be provided to one resident for personal or private use. Therefore,if the committee declines your proposal to maintain a kitchen garden, it is not illegal.
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You may have to obey the bylaws or the resolution passed by majority members in a general body meeting in this respect.
You cannot agitate over this subject matter because the terrace is part of common area and the association is the absolute owner of all the common areas in the complex.
You can give a request to the association to retain the terrace garden if you are served with a notice to remove the same however you cannot claim it as your right.
No legal action would be maintainable against such things especially after the association decided about this in a GB meeting.
- A terrace is a common area of a residential society which is for the enjoyment and benefit of all its members.
- 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.
- Hence, you cannot use the roof of the building for your personal use and occupation .
- However, since you want to use some portion for gardening , which will also benefited the building as well , as gardening will decrease the heat absorption of building and will act as padding from heat and cold , out of healthy reasons.
- Hence, you can give an application in writing to the management of the committee after mentioning that you will be responsible for terrace water and resistant and leakage, if will happen in future.
- If no response , then you can lodge your compliant before competent authority .
If it's in common areas then society will have discretion. If not you can maintain it if purchased the same from builder
