Housing Society - Stilt Parking ownership
Ajay Dand
(Querist) 03 August 2010
This query is : Resolved
In our Co-op. Hsg. Soc., the builder has sold stilt & open parking spaces to flat owners. Subsequently, the CHS had been formed. Recently, one of the members has constructed fence around the stilt parking space that he has purchased from the builder. When the society objected to this, the member claims that he is legally within his rights to construct such fences. The society's stand is that if such activity is permitted, tomorrow, someone can enclose his/her stilt parking space and can start storing material etc. Also, such barricading would prevent free movement of cars/people in the open spaces. We would like the honorable members to advice us as to what are the rights of such purchasers of Stilt parking and how can the society restrict such misuse of the privilege. Thanks for any advice/help in advance.
s.subramanian
(Expert) 26 August 2010
He has no such right to put up fencing. It is case of public nuisance and can be proceeded against.