Seeking Legal Advice on Restriction of Terrace Access to my dogs by Apartment Association
I am seeking guidance on a matter involving my apartment association’s decision to lock the common terrace area during the day in only the one block in which I stay out of a total 3 blocks of this apartment complex. I am the owner of an apartment in Chennai in which I moved into two months ago. One of the main reasons I purchased the top-floor apartment was to have easy access to the terrace for my wife and our two dogs. We are responsible pet owners and always clean up after our dogs, even on public roads.
However, for the past few days, our apartment association, has kept the terrace door locked throughout the day and has refused to unlock it upon request. In spite of reminding the association that this action to be unlawful and arbitrary and referring them to a Supreme Court of India judgment regarding similar issues, which states that any resident association’s bylaws preventing owners from accessing common facilities (including terraces) or prohibiting the keeping of pets in their apartments would be illegal and unconstitutional the president told me that he "does not give a damn about any Supreme Court judgement and will follow his own rules."
Despite my requests, the association has not taken any steps to resolve this issue, leaving me with no choice but to consider legal remedies. Before I move forward, I would greatly appreciate any advice on the following:
Immediate Steps: Should I first send a formal legal notice to the association? Is there any recommended approach or specific wording?
Legal Proceedings: If the association continues to deny access, should I file a civil suit or lodge a complaint with the local police? What process usually yields a quicker resolution?
Relevant Laws/Acts: Apart from the mentioned Supreme Court judgment and the Prevention of Cruelty to Animals Act (PCA Act), is there any specific apartment or housing law that would strengthen my case?
Potential Interim Relief: Is there any mechanism to obtain a temporary order (injunction) that would immediately restore my access to the terrace while the matter is being resolved?
Thank you in advance for your time and guidance. I hope to resolve this amicably and appreciate any insights or experiences from those who have dealt with similar RWA-related disputes.