hi

i have a purchased a property on 7th floor of a bldg. with a balcony attached to the living room. however the balcony has a deck style .i.e. open from 2 sides. it has a railing with glass, on the edge of the balcony. there have been cases where the glass of the balcony has fallen down. luckily nobody has been injured till date.

i have 2 very young children (aged 3 yrs and 3 mnths). so i had taken permission from the society to allow me to put a grill around the balcony with a shade on top (sunroof) for safety reasons.  this will in no way encroach on anybodys property. they denied the permission saying it spoils the aesthetics of the building. i tried reasoning with them that it was only for the safety of my children. bit they r adamant and wont budge. infact i have been told that a legal notice will be sent if i try to do anything.

so inspite of having a balcony i can hardly use it for fear that something untoward might happen to my children.

also they wont allow us to have the sunroof. as we have balconies on alternate floors, there have been lot of problems with the people on floor above us watering the plants and dirting our balcony.

is the society in any way allowed to send us a legal notice. and what can be done to allow us to put up the grill in our balcony.

thanx

dear

send a application regarding this concern mentioning all details to the local sub dividional magistrate (SDM),send copy to collector,divisional commisoner and also send a complain against the society to registrar society regsitration and copy to the divisional commisioner.

Definetely it will spoil the asthetics of the building and you should not do any modification unless the society members agrees for it. If really it's a safety issue, many other residents would also have similar problems. So try to push your points unitedly with others for positive outcome. "There have been lot of problems with the people on floor above us watering the plants and dirting our balcony." To solve this point, make friendship with the residents of upper floor, explain your problem and convince them not to do such thing. Advise them to put a plate below flower pots to retain excess water, put less water and save water. Alternatively, put a written coplaint to the same society for discussion in their meetings.

yes i agree the aesthetics will be spoilt, but if u read carefully the glass structure with the railing isnt exactly a safe one with incidents of the glass falling down. so does aesthetics matter over the safety of people?? moreover it is not at all any modification, just putting a grill around the balcony. WE HAVE BEEN ALLOWED TO DO THE SAME FOR OTHER WINDOWS...... BUT FOR SOME REASON WE CANNOT TOUCH THE BALCONY...... THEN WHAT ABOUT THE AESTHETICS AT THAT TIME??

about the plants problem... umpteen number of requests have gone unheeded. and dsnt dirty, muddy water leaking from the flower pots destruct the structure of the building??

the society cannot obstruct your safe use of the property which is exclusively yours. Basic principal is that the common areas and services  is what society is constituted  for , not for your private area or private affairs. .Structures as rain shade ,sun shade etc are normal temporary ones and fully authorised . you don't need anyones permission to save yourself from rain or sun or garbage thrown on your head by upper floors, or to protect your children. the society seems to be run by some group of conceited individuals who unnecessarily harass people for their ego trips. it is interpreting rules with malafide intent. you give a seven days notice notice to the society that you are putting a grill for safety of your children and to protect yourself from muck being thrown in your balcony from higher floors, and in case society has a common design for maintaining aesthetics , you will go ahead with your own for making it . and then just go ahead . it's your private balcony and not a common area.

I FULLY ENDORSE THE VIEWS EXPRESSED BY Mr.SHAILENDRA KUMAR..

MOHAN ncm

rETIRED EXECUTIVE OF A NATINALISED BANK

HYDERABAD

dear friend, each RWA has bye-laws governing all aspects of the admin in the society premises. there is an elected managing committee to look after the day to day running of the society. in addition there is an AGM where all the association members gather and take decisions which effect the society and its residents. i feel that you should apply inwriting to the MC regarding this issue and request for its inclusion in the agenda for discusssion. in case you do not find any favourable decision in the MC meeting and the proposed modification is not in contravention of the bye-laws of the society, then you may approach the District Registrar of Society for necessary actioin in the matter.

Safety is your fundemental right and you can make the safety measures without trespassing others right

Contact Mr.Adv Venkatram Sr.Adv Consumer Affairs

vtvenkataram@gmail.com

1.  Balcony is outside the purview of FSI and is classified as Open Space, hence cannot be enclosed or grilled or whatever.

2.  In Mumbai under the BMC Act, it would be "illegal and unauthorised" to enclose or grill or put an roof over the balcony and is punishable with Fine and Imprisonment for violation of the MRTP Act and the MMC Act.  However it could still be done citing genuine reaons, if the BMC grants permission and payment of appropriate fine.

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Keep Smiling .... Hemant Agarwal

what is stated at para 2 above by shri agarwal neds to be checked as it appears self contradictory. an act cannot be condoned by just paying fine if it is illegal. acts are passed by the legislatures and can be changed either by the legislaure only or by the high or supreme court if it is bad in law or in violation of the constitution or such contingencies.

para 2 in effect says that by paying fine illegal acts can be made legal by lower authorities like BMC which is not rational at all . illegal acts remain illegal. probably more than 90 percent of flat owners , even 'govt offices/accomodation' and govt buildings their  owners or occupiers would be in jail if the enclosing of balconies is illegal. but i have never heard anyone jailed till date in last few decades or being sent to jail for covering the balcony , obviously it must be legal.

balcony may be open space but it still is private space and society has say only in shared spaces and not private spaces.

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