Roof access in aparemt

Querist : Anonymous (Querist) 16 July 2022 This query is : Resolved
Hi
I live in the top floor of an high rise (13 floors) apartment. I have to replace broken glass on my window. For this i need roof access to replace that sliding window.
Apartment association is not permitting roof access instead asking me to cut the window grill from inside(my own cost) and replace the window.
They are not ready even with a legal declaration stating i will be responsible for any accidents and loss of life during this work.
Is association right in not allowing roof access and asking me to spend more and replace window from inside?
Thanks

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kavksatyanarayana (Expert) 16 July 2022
There are no legal elements in your query. You can raise this issue in the General Body meeting of the apartment association.

Dr J C Vashista (Expert) 17 July 2022
Apartment owners association can not decline / restrict any member access to get his / her flat repaired/ renovated. The association is a toothless body, get it repaired.
However, if someone stops, file a police complaint against him/ her and seek permanent and mandatory injunction through a local prudent lawyer.
I agree with the opinion and advise of Mr. Kavksatayanarayana, a senior expert.

SHIRISH PAWAR, 7738990900 (Expert) 17 July 2022
Hello,

Roof of building is common area so no one can restrict any of the occupant of building. You have to approach civil court.

P. Venu (Expert) 17 July 2022
Repairs to your apartment is incidental your ownership of the property. The Association is a stranger to the issue. It has no jurisdiction to decide how the repair is to be carried out. You may issue a legal notice.

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