Air-conditioner outdoor unit on terrace area of co-operative

rushabh shah (Querist) 28 April 2021 This query is : Resolved
I am living in a cooperative society. In my block top floor members had installed their ac outdoor units on the terrace and it is too much noise. I have formally asked my block secretary to remove those units in the common area which has been used for personal usage to fit outdoor ac units. But he did not act. At that time only one member had fitted his outdoor unit. But, last year, all four members had feet their outdoor unit on the terrace, and mostly all the terrace walls are filled with an outdoor unit. Now, I can not even do Yoga or slight walk on the terrace due to compressor hit and noise.

I do not know what to do now as I am fond of nature and very much enjoy it from the terrace. Please guide me on where to complain regarding this and which law is useful to fight for it. I am from Ahmedabad, Gujarat state.

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Quick Summary

Residents in a cooperative society are experiencing significant noise and obstruction on their terrace due to multiple air-conditioner outdoor units installed by neighbours. Despite formal complaints to the block secretary, no action has been taken. The terrace, intended as a common area, is now unusable for activities like yoga or walking due to the noise and heat from the compressors. Advice suggests pursuing action through the Gujarat Registrar of Cooperative Societies or civil court, potentially with a lawyer's assistance, as terrace space is a shared amenity.

Dr J C Vashista (Expert) 28 April 2021
Gujarat Cooperative Societies Act / Rules and Bye-Laws adopted by your society shall govern the issue.
The MC must direct such residents to remove outdoor unit installed on terrace of the premises, which forms part of common area.
If MC do not take any action report the matter to Gujarat Registrar Cooperative Societies.or move to civil court for issuance of mandatory injunction.
It is advisable to consult and engage a local prudent lawyer for proper appreciation of facts, professional guidance and necessary proceeding

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Sankaranarayanan (Expert) 28 April 2021
Terrace of the apartments are common for co allotee .You can complaint to society

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SHIRISH PAWAR, 7738990900 (Expert) 28 April 2021
Hello,

You can complain to society. Society can take action against these 4 members as it is installed in common area. Convince other members and collectively file complain to society.

Pradipta Nath (Expert) 28 April 2021
Issue a written complaint to your secretary, if problem persist serve him a legal notice and better to take him to court along with others in a mandatory injunction suit. Aside please seek a professional advice with your deed of conveyance and other related documents for better appraisal of facts and issues.

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Hemant Agarwal (Expert) 28 April 2021
AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Expert) 28 April 2021
The grievance you have tried to highlight is inconsistent and less than convincing.

ashok kumar singh (Expert) 29 April 2021
agreed with views of earlier experts,
therefore no further comments, so far.
thanks

Trivendra Kumar Sharma (Expert) 30 April 2021
Clean environment is common right. Your right to passage has been disturbed by unauthorised AC installation. Under these circumstances Secretary of Society can be impleaded for negligent conduct.

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krishna mohan (Expert) 03 May 2021
You can ask the Secretary of the Society to identify a common area for installation of ACs to help every one. If efforts fail you can complain to local authorities under whose jurisdiction the matter comes for possible remedy.

T. Kalaiselvan, Advocate (Expert) 20 May 2021
There is no law to permit installation of outdoor unit on the terrace or any common area. The neighbor may have to request the RWA to permit him to install the outdoor unit on rooftop without any hindrance to anyone.
Any alteration to the structure or such installation, he may have to obtain the NOC from the neighbors as well as RWA.
He cannot claim it as a right, neither he can hinder others usage of the terrace.
If the society is not taking an action to remove the unit then you may resort to legal action by approaching the cooperative court with a suit for mandatory injunction to remove the installation from the common place

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