We stay In builder flats. There are 8 flats in all. we are facing a lot of problem because of one  the flat owner who is a property dealer himself and troubles everyone in the premises.I have 1 question if someone can help me on this:-

 

1. We have common entrance area everyone in the building is of the opinion to renovate it by putting tiles on the floor, but one of the owner is denying the same he says that he would not let us renovate the same. Is there any law which stops us from renovating the same even if out of 8 flat owners 7 are ready to pay fo it???we tried renovating the same but this owner called police and they said that without his consent we cannot proceed with the work. Please help we all are in great trouble

If 7 (Seven) Members are ready for renovate common area so u do this work , u can says that our flat is very old and if we are not renovate common area thenafter some time chance some accident in our flat so we all r do this renovate work for our and our family safty. U meet consultant for that and as per his advice u renovate this common area of flat then  U can give a application in Police Station  and says that this member harassment them. U all are sign in application for renovate work and if one member is not give his consent then one member is not stop this work, U attach a application or give a copy of application with sign of 7 members at police station.  

Dear Mr. Kumar,

The SHO till level down knows exactly what is happening at our place because this is not the first thing where he has created problem there are lot of complaints which are written and submitted at Jagat Puri Thana. As i said he is a property dealer and bribes eveyone in that thana so there is  no action on our compaints. when we were getting the commom area renovated the PCr came and said till the time he does not give consent work cannot happen as this is common area. 

Have you formed a society and is there a managing committee? It appears that you have not formed a society. Even if you have not, you may write to the Registrar of Co-operative Societies to intervene by giving all the facts. In case the Registrar refuses, then also you can file a written complaint to the police station and the senior police officers and the municipal corporation stating that 7 out of 8 flat owners have agreed to carry out the essential renovation work. The officers who are helping the single owner will find it difficult to take his side on a written complaint since when you approach the Court with the evidence, the Court will be harsh on them. Also, mention in you application/complaint that it is necessary for renovation to be done else there could be problems (e.g. there may be accidental fall or bad view at entrance leading to lesser value of flats,etc.) If possible try to discuss with the single owner as you are all going to live together even though it seems you have already tried it. S Jadhav

Dear Mr. Jhadhav,

we live in a society but our society is not as strong as to control him. He would just refuse to eyerything and say that he would not let anything happen in our building. I will surely write an application to mcd stating same. The only thing i want clarification on  is  if  7-6 out of 8 people want to carry renovation in the common area by spending there money can the 8th owner stop them from doing the same. Does our law says something on this????

first you will have to find out which law is applicable to you. that is why i asked whether the society has been formed. A group of owners of flats in buildings have to subject themselves to either a Co-op society law by forming a society or a condominium , etc. If there is no such association, you can form even now.

Also, whether the renovation you want to carry is necessary in some manner that you can convince the relevant authority.

As suggested,do write to all relevant authorities and you will be able to get it done as you are in the majority. There will be a delay because, the other person is connected but if you are right then you will succeed.

 

S Jadhav

U take a written answer from the PCr and why they stop renovation work of common area (Which law applicable) u take written answer from them. U give a photograph of common area and aays if any accident who is liable for that? U give application at Corporation / Concern Authority / Panchayat etc......    

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