Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Access to rooftop

Querist : Anonymous (Querist) 07 June 2020 This query is : Resolved 
Can an apartment society or some owners in the apartment lock the rooftop at certain times of the day to disallow other flat owners from accessing the rooftop?
Dr J C Vashista (Expert) 07 June 2020
Rooftop is part of common area of the premises to be used by all stakeholders in the apartments, which can not be infringed / right to access can not be denied.
Raj Kumar Makkad (Expert) 07 June 2020
No. The rooftop is the common area meant for the restricted use of all residents of the society, however, the time of such use may be limited and its looking after duty may be assigned by Governing Body of the society.
Rajendra K Goyal (Expert) 07 June 2020
Why such arrangement of locking down the rooftop is done by society or some owner?

Is such arrangement permanent or for the time being in view of present situation?

How are you concerned, whether any of your genuine use of common place is restricted by such action?

Whether other members of society have agreed / accepted / opposed the arrangement?

Whether approach to any of the articles placed at top, like water tank or otherwise is restricted even if asked for?
Rajendra K Goyal (Expert) 07 June 2020
Generally, rooftop is commonplace and approach to it is allowed to members till there exist some security related or any important such issue.
Querist : Anonymous (Querist) 07 June 2020
Thanks for all the replies.
The apartment is not yet registered to a society as some work is pending from builder. That is another issue.
Now in absence of association some flat owners have taken to themselves to making rules.
One of which is roof should be locked from 10pm to 7am.
Now my daily working hours is upto 9pm. After that I require to finish my daily chores and dinner. So only time I get to have some fresh air and gaze at stars is midnight.
So I feel my purpose is genuinely curtailed by this decision.
Reason of the rule: supposedly someone had kept some cigarette stubs and liquor bottles on the roof a year ago. And such acts can only happen at night.
I have tried reasoning with these owners but to no avail. Other house owners are indifferent or have accepted this reluctantly.
Is there any way I can push for my roof access?
Rajendra K Goyal (Expert) 07 June 2020
Since Society has not been formed, take up the issue with builder.
P. Venu (Expert) 07 June 2020
As you are genuinely concerned, you can seek access. Have you discussed with the officer bearers - what is their response?
kavksatyanarayana (Expert) 07 June 2020
Make a written complaint to the Society by making a copy to the Deputy Registrar of Societies of your District or if it is under RERA, complain to the RERA.
Sudhir Kumar, Advocate (Expert) 08 June 2020
in some cases rooftop is the premises of top floor please see conditions.
Dr J C Vashista (Expert) 08 June 2020
Since the construction is stated to be going on and builder has not yet handed over possession of the premises, have you occupied the flat allotted to you and you have objection to the fact of disallowing you to have access to rooftop ?

Who have framed the rules that the rooftop shall be locked between 10 PM to 7 AM, when no Society (which should be RWA) is stated to have been formed ?

R.K Nanda (Expert) 08 June 2020
No,they cannot lock it.
Raj Kumar Makkad (Expert) 08 June 2020
You should not forget that the timing of closure may also be for avoiding any big issue like fall from the roof and other criminal acts as the building is still under construction and society has still not taken charge. Meet the builder and sort out the solution amicably.
Rajendra K Goyal (Expert) 08 June 2020
Take up the matter with the builder, if the locking is for security purpose and with his consent, it can be accepted.
Sudhir Kumar, Advocate (Expert) 08 June 2020
see agreement. they may (or may not) be entitled to lock terrace.
Dr J C Vashista (Expert) 09 June 2020
Prima facie it is a fabricated and time pass story for debate, as the construction of building has not so far been complete, the author has occupied along with some other pruchasers, no society has been formed but rules have been framed to lock the roof top between 10 PM to 7 AM ???

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now