Common arear modification in apartment

Society can not modify the common area without the approval of all the members and the municipal authorities

Thank you Mr Kishore Mehta for your reply.

Regards Rajendra

The necessary work relating to maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of apartment ownership act,1989 Act and the bye-laws.

Sir 

Thank you for your reply. The by laws do not specifically mention about this. I am not fully aware of the aprtment ownership ct 1989. Does the law have provision for association to modify any ammenity or common area which is part of sale deed, if there is no consent of association members fully? Is it not a violation of individual right of the owner of an apartment to modify?

Thanks 

Rajendra

In this context, each State has its own laws and regulations. But it is the general principle that common area cannot be developed sans the unanimous approval of the all the members. Furthermore, such changes needs the permission of competent locla authorities as well.

Thank you Sir for your reply.

Regards 

Rajendra

The decision of majority and not individual member would prevail in the maintenance, modification or any other work to be undertaken as per declaration, rules governing after obtaining necessary sanctions, permission of authorities concerned such as Municipal / State Development Authority, Fire department, Urban Art Commission, Water and sewarage authorities, structural engineers etc. by an association registered with the authority appointed under State Apartment Ownership Act

Thank you Sir for the clarifications. 

Regards 

Rajendra