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Rohan   28 April 2024

Installation of grill on ground floor

Hi,

I am a resident of Bangalore and a flat owner in a gated society on the ground floor.

We recently had intruders entering the society and are now considering putting grills. However, the society states grills can be installed only on the inside of the window within the house and not out side as it will affect facade.

This is an inconvenience to us as a flat owner as now space will be utilized unnecessarily and opening and closing of the windows will be a challenge as we would have to put our hand through the grill to open the window.

Note: The grill will not affect any pathway and will not cause any problem physically as it would be flat and not a box grill.

Does the society have the right to decide where the grill on my window should be installed?

what are my rights here as a flat owner?

 

This is what the bye laws state w.r.t grills:

 Owners/residents are not permitted to make any structural or other modifications, which may alter or
spoil the façade of the building in any way, whatsoever. The only exception is the grills for windows
which will be constructed post obtaining Occupancy Certificate should conform to the color and
specification approved by NR ROYAL PARK RESIDENCY Residents Welfare Association.
Owners/Residents will also have to ensure that these grills are fixed appropriately to the walls as per the
recommendation of N R ROYAL PARK RESIDENCY Residents Welfare Association. Any debris from any
work done by owners/residents must be removed from the common area immediately.



Learning

 11 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 April 2024

I live in a flat in Mumbai. I live on the second-floor. Those who live on the ground-floor have problems due to intruders and thieves who access through the windows. In the original construction there were no grills outside the windows. But now all residents have fixed grills outside of their windows. As the window shutters open outwards, the grills have to project one or two inches beyond them. Also intruders and thieves should not be able to put their hands through the windows inside. Cars are parked in the compound alongside the coumpound walls. But when one car is driven out or in beyond passing another car there is a risk of striking the grill. Careful manouvering is necessary. The Society has placed restrictions on window air-conditioners. They should be installed at more than 7 feet above the ground. But as grills are a basic need of ground-floor residents, they are permitted notwithstanding inconvenience as stated above.

All of you ground floor residents join together and approach the association. If necessary go to court.

P. Venu (Advocate)     28 April 2024

The facts posted inform that the installation of the grill outside the windows is a basic necessity for the ground floor necessity and hence their ordinary right. The RTA has no authority to interfere with such a right merely on the stength of the bye-law unlaw there is a legislative enactment which empowers the Association to incorporate such a condition in the bye-law.

Which is the law under which your Society has been registered?  Does the provisions of the said Act empower them prevent the occupants from installing the grills as proposed?

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

On a careful reading of the bylaws, there's no specification as to where to construct the grill, whether inside or outside the window.

You can proceed with the proposed construction of grill.

The association cannot forcibly stop you from constructing, it will be an illegal activities.

They have to approach court or any legal forum to obtain an order for restricting you.

Before that you can file a caveat petition to prevent them from obtaining an exparte stay order.

You can discuss with a local advocate and proceed 

1 Like

Dr. J C Vashista (Advocate )     28 April 2024

I fully agree with the opinion and advise of learned experts, the association has no (NO) right to stop you from installing grills for your safety and security. 
If someone dares to stop you must get the rules/ bye-laws declared as null and void by instituting a suit through a local prudent lawyer 

1 Like

Rohan   28 April 2024

Thanks Dr. J C Vashista and T. Kalaiselvan, for your advice.

T. Kalaiselvan, Advocate (Advocate)     28 April 2024

You are welcome for your appreciations. 

P. Venu (Advocate)     29 April 2024

You are yet to provide the inormation sought.

Dr. J C Vashista (Advocate )     29 April 2024

Thank you very much for your kind acknowledgment.

Rohan   29 April 2024

Thanks Mr. P Venu. Since the location is Thanisandra I believe the society is registered under  THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960.

 

P. Venu (Advocate)     29 April 2024

Not necessarily, it could be under KARNATAKA  APARTMENT ACT as well. 

Propriety requires that you oyght to have ascertained the basic facts before posting the query.

Anyhow, whatever the legal position, the RWA cannot be lawyer, judge and executioner in their cause and/or fancies.

Rohan   29 April 2024

Thank you Mr. P Venu.


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