Right of garage owner in a housing state.
Querist :
Anonymous
(Querist) 07 July 2023
This query is : Resolved
I purchased a garage in a small housing state consisted of 14 flats and two shops and three garages. Out of three garage, one is of mine and two are of landlord. From begining that is in the year of 2021 , I have been using water and for this I am advised to pay maintenance charges every month @ 60 paise per sft that is Rs.120/- for 200 SFT. I find the landlord is doing everything which he thinks best like allowing his tenants to park their motorcycles in non-parking space , expenses done as per his own discretion and so on. Out of 14 flats , 6 flats are of his own and all are rented. As I am the only person who pointed out it before all occupants , he convinced other flat owners to develop an idea in them that garage own cannot intervene into the housing affairs, even he can not participate into the periodical meeting, can not opine anything in the housing matter.Henceforth, from begining of 2023, they have isolated me , not allowing me taking part in the housing matter. Providing Accounts Copy is
stopped and so on. Their observations expressed to me verbally that garage owner has no right to take part in the housing matter and so they will not call on me in the meeting, even they opine that I am not required to pay monthly maintenance service charges, which I do not follow, I am paying.
In my deed of Conveyance it is clearly specified that I am the owner of all Common spaces, Stair Case, Roof etc. up to the limit of proportionate portion of the property. Under the circumstances, I have decided to challenge the matter in the court of law to regain my honour and respect to the occupants of the housing. With same status, I wish to be there.Kindly advise me what to do to maintain my self-respect.
Regards.
kavksatyanarayana
(Expert) 07 July 2023
As per your stated facts, you have no flat except a garage. You are paying maintenance for water only that is too, to the owner but not for the society. If you also have a flat owner, you shall be allowed to meet and pay maintenance charges to the community other than the water for your garage.
T. Kalaiselvan, Advocate
(Expert) 08 July 2023
You can proceed as per the recitals or the covenants of the registered title document and if it is worth enough you can pursue the matter through legal forum
Dr. J C Vashista
(Expert) 08 July 2023
Show the title documents to a local prudent lawyer for better appreciation of facts and professional advise.
P. Venu 
(Expert) 16 July 2023
No meaningful suggestion is possible unless the documents are perused and issues discussed.
