Rights of apartment owners
Alok
(Querist) 22 August 2013
This query is : Resolved
My wife and mother in law are joint owners of a flat. We stay in the flat on weekends and stay in a different flat on other days.
However, my wife pays her share of society maintenance on time.
The society has a gym which I use regularly. Recently, some members raised a query in the meeting that society facilities should be allwoed for permanent residents only and not "part time" residents even if they own the property.
The committee went to the extent to put up a notice on the society notice board that henceforth "non residents" will not be allowed to use society facilities even if they or their immediate family members own the property.
Before challenging this rule, I want to understand my legal rights. Can the society bar me from using facilities owned part by my mother in law and part by my wife, when we pay full maintenance charges and on time.
If not, then what are the steps I need to follow to challenge the same.
A reply will be appreciated.
Thanks.
malipeddi jaggarao
(Expert) 23 August 2013
When maintenance is being paid by the owners, it is immaterial for the society whether reside full time or not. Just ignore and continue using the facilities.
V.T.Venkataram
(Expert) 23 August 2013
You have not clarified whether the society is a registered one. There is no such thing as "permanent residents" and "part time residents".If you have rented your house, the tenant alone can use the common facilities. If you are using the house in week ends, and keep the house locked on other days, then you are entitled for all facilities.In such an event, you can complain to the Registrar of societies[if the association is registered under socities act], and seek redressal of your grievance.
Alok
(Querist) 23 August 2013
Hello Mr. Venkatraman,
Thanks for your reply.
Thanks to Mr. Jaggarao too.
The apartment is not rented. It is owned in partnership by my mother in law and my wife. My mother in law stays there 7 days a week. We stay with her on weekends and in our other apartment in another building nearby during the week.
The society it appears is "proposed society", registration having initiated recently.
For a few days I refused to listen to them and used the facilities, but now they have put up a sign on notice board (specially for me!) saying only residents can use the facilities of the building. Based on the notice, they have told the watchman to bar me from entering the Gym.
So, not only have I been insulted and humiliated, but there is no way I can access the building facilities unless some higher authority intervenes.
Please help with the steps and process for appeal to registrar of societies in this scenario.
Thanks again for your help.
V R SHROFF
(Expert) 23 August 2013
"However, my wife pays her share of society maintenance on time."what abt ur share??
Pay mtn in full
enjoy all facility in full.
Alok
(Querist) 23 August 2013
Dear Mr,. Shroff,
The property is not in my name hence I dont have a share to pay.
Property owners are my wife and my mother in law. Both of them pay their shares on time. I am assuming that my wife being owner, as her husband, I have rights to facilities in the apartment. And our kids can also use the swimming pool and other facilities in the building. I hope I am correct about this assumption.
V R SHROFF
(Expert) 23 August 2013
Hope, the Flat is not rented out.
In that case , you are entitled to use all facilities .
Alok
(Querist) 23 August 2013
Hi,
The flat is not rented. As mentioned earlier, my mother in law (who is also a partner owner) stays there 7 days a week.
Considering that I am entitled and am still being blocked by the society who has put a notice on notice board, on basis of which the watchman denies me entry, what are my options now to regain my rightful access to the facilities?
V.T.Venkataram
(Expert) 23 August 2013
Since the association is not registered,and since a group of people are illegally obstructing your access to the common areas in the apartment, please file a suit for permanent injunction in the local civil court to restrain any one not to obstruct your rights for use of common area.
malipeddi jaggarao
(Expert) 25 August 2013
Service notice on the Society and its Office bearers. Points to be covered:
1) Your wife is co-owner
2) You have not rented the flat
3) Your mother-in-law is stayng in the apartment.
4) Since you and your wife are family members of your mother-in-law who is co-owner and residing in the flat and since your wife is also co-owner, you have every right to use the common facilities if there is no maintenance due from your family/on account of flat. You will take steps to exercise your right including legal action/filing a civil/crminal suit.
If they donot respond, you move to the court as advised by expert Mr.Venkatram.
V R SHROFF
(Expert) 25 August 2013
APPLY JOINTLY, WITH SIGN OF YOUR WIFE/ MIL
Alok
(Querist) 25 August 2013
Dear Sirs,
This issue has now become some kind of an ego issue with committee members. They just dont want to accept they were wrong and just want to enforce it anyhow and prove themselves right.
Today, both my Mother in law and Wife went to meet commiteee members, but they acted unreasonable. They kept bringing ridiculous reasons. They went to the extent to say that as my wife's name is second on the agreement, they will only recognoze the first owner! Even when told that names are in alphabetical order, they then argued that my wife's pre marriage name is used. When explained that she has not changed name after marriage they went to ridicolous extent to say that my wife can use facility and I cannot.
Then they said they want to see address on PAN card to verify residence. They said they will make sure the society bye laws will be modified in a way that it denies me entry and they have taken some legal opinion on how it can be done.
Unfortunately these are not a set of reasonable people.
As per your earlier advise, I shall just keep using the facility till someone uses illegal force to evict me and andn then take next action.
I shall keep you updated as events unfold. Any new advise will always be appreciated.
