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Flat owners association

(Querist) 05 February 2012 This query is : Resolved 
I live in an apartment in Chromepet, Chennai. We have flat owners association that consists of 60 houses. Recently, association office bearers has sent a circular that commercial vehicles should not enter our colony gate.
There are five blocks and i live in the last one from the entrance.
Some vehicle owners are parking the vehicle in the place available, generally without affecting vehicular movements.

I am also a flat owner. After an accidnt, I do not drive car ( but I can walk without problem). I am a frequent traveler and use generally taxi for my movements.
The new rule that is introduced (blocking the vehicles not owned by an inmate) is causing me lot of problems.

All the land is undivided property and the flats were not sold with dedicated car park. The new secretary, a state Govt. employee parks the vehicle given by the Govt to him within the colony area.

Is it proper for the association to deny entry for taxi / commercial vehicle hired by inmates / owners. Is it not a violation of right of a owner? Even if it is passed in GB, it is denying the right of a person (holder of common land, facilities).

Looking for experts to clarify. Thanks a lot in anticipation. - SVR
adv. rajeev ( rajoo ) (Expert) 05 February 2012
It is violation of right of a person. Discuss with the president of the society and convince him your problem, inspite of it he didn't heed your request initiate legal proceedings.
V R SHROFF (Expert) 05 February 2012
You point out the CIRCULAR. , and request Association for special provision for you specify your accident and unable to walk , handicapped,etc. and ask for a Special facility to you, considering your health ground, for a special case. Talk to the president of the society and convince him.
if it did not work, take legal action.
Meanwhile try to get handicapped certificate from Govt hospital. local authority for you.
ajay sethi (Expert) 05 February 2012
association cannot prevent taxi coming into premises for picking /dropping flat owners . raise the issue with secretary .

if necessary taake other members into confidence and make representation signed by members that circular issued be withdrawn /modified . ask from SGM
Advocate. Arunagiri (Expert) 05 February 2012
Entry of a taxi within the apartment premises can not be prevented. But, parking of the taxi can be objected.

I never heard the association is objecting the taxi.


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