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Regarding installation of outdoor ac unit

(Querist) 10 March 2019 This query is : Resolved 
Thanks in advance for helping me out . I am residing in 2nd floor of an apartment and have an ac installed with external unit brought down outside between 1st and ground floor side since there is no provision to mount them exterior to my bedroom . After 6 months , owner of an 1st floor apartment is claiming that the unit is disturbing him and that I need to remove it immediately . I am sure there is no noise or heat from the unit but he claims so. Unfortunately I didn't know of the legal terms and thought it was a common area and hence didn't procure an approval from management . President of the apartment is asking to solve amicably but he is not budging down . Can I legally claim that to be. Common area ?
Adv Shailendra Deshpande (Expert) 11 March 2019
Installation of AC unit does not provide any right / claim over other owners. The location you have mentioned is not considered as common area and if other owner is making complaint of nuisance, then you need to have it remove or find another suitable location to fix it.
Suhail suhail (Expert) 11 March 2019
You should consult the management and ask them to give you permission and if they refuse then you should remove the unit from there.
You may ask the management to mediate in the matter if they told you to solve amicably.
If the unit is in common area you need to remove it or approve of it from the effected persons,no other way.
P. Venu (Expert) 11 March 2019
Yes, there are hardly any grounds to justify your action, in case of a dispute. In the absence of an amicable solution you may have to remove the AC from its position.
ramesh (Expert) 17 March 2019
You are residing in the second floor and fixing the out door unit between ground floor and first floor in no way justifiable. Be happy they have allowed you for 6 months.
Consult technical experts to fix it in a common open area.


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