Car parking issue and encroachment issue in our apartment.

if the car parking facility is inadequate, then the members of the society needs to accomodate the other mombers by allowing them to park the car at the available space. i.e. common area or outside the building. but the Car parking should not cause trouble to the members or inconivenicence in ny manner.

 

If the Car is being parked in the society compund, then the society can harge a nominal car parking charges to those members. such charges are legal and society could make good use of it.

 

with regards to the extension of wall by the memebr at their house, it is advisable to check the modified construction done at home before taking any action. Kindly check whther the alteration is done to the beam or colum of the building???? if not, then changes might not cause harm to the building structure and if the extension of wall is not going to create ay trouble to the society or its memebrs then you might ignore it. otherwise society needs to serve a notice to such member to reconstruct the structure in its original form within a specific period otherwise society may take necessary action i.e. informing the municipal corporation in wirting to initiate ation against such member.

 

But remeber the said memebr might fire back if he is aware that other memebrs have done similar changes in house, then he might ask the officers of municipal corporation to carry out inspection of others members houses too.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

Thank you sir for a detailed and elaborate clarification on these two issues.

I appreciate and thank you once again.

 

-Sreeni

Further to add, if your society is among one, who had not received the OC, then no member is allowed to change the allignment of flats, shop or any place in apartment. Even if you have OC, you need the prior permission from Municipal Corporation to make changes in flat, alignment of aprtment etc. many few people are aware of this law. In your case, i am confused how wall will be pushed out. Wall of aprtment should be between two pillars & beam. The easiest way is, make RTI & get plan of this aprtment, any change in actual other then plan without permission of authority, its not allowed.

Sanjay sir, Thanks! For all upper floors, the window and the wall on which the winow is resting is placed 2 feet back from the edge of the wall. (Just as a symmetry and fashion). The owner at the ground floor has just pushed it from by 2 feet (two huge windows of this pattern), there by he gained/encroached sufficient space. As suggested by I will put RTI on the same related to actual versus deviation. Can you please help me with the URL for the RTI? Or do we need to do it at municipal corporation office? Thanks and regards Sreeni

A total of 80 sft has been encroached.

You have get same from Building Proposal Dept. or BMC both. First you need to get the File no. of your buildng, that only office peon can help you.  

I understand the procedure sir, thank you.

 Respected Sir/Mam,

In my apartment,  one of the house owners has encroached the common area and installed a grill gate in the common area. He says that because his house is in the corner of the floor, he has put that gate and he is not allowing anyone to access that area. 

I had complained about this to builder a couple of times with other house owners but the builder is not responding properly.

Please let us know how to take this issue forward legally.

Regards,

Virumandi 

Virumandi,

I suggest you file RTI / and also work with municipal corporation authorities  - for a closure of this issue.

-Sreeni

@Mr. Virumandi

Please state as to in which State and city is your building. Laws are different in different States. It appears that your building is still in initial stages and the builder is still in control. If so you can file a complaint against the builder before the Consumer Forum.