jagankumar (CCC) 13 April 2010

Commercial Activity in Residential Complex

Hello,

We have occupied our flat in a newly constructed 5 floor Residential Apartment. However, The Builder and Owner of flat in 2nd floor has rented his flat to a Commercial Firm which is running a Software Company.

Before renting out this flat for commercial purpose, All owners have elected a Association Presedent and a Secretary. However which is not yet registered with any government body yet.

This same building Association, has raisded it as a concern to stop the commercial activity in 2nd floor and asked them to vacate. The Builder agreed for this and signed an minutes of this meeting in a book.

Now, the builder is not vacating this commercial softeware firm. Its causing nuisance by grouping people in Cellar and many vehicles parked in front of our apartment.

Now, I need you advice on following:-

1) Whome do we complain about this commercial activity. Can we complain to Local Police or should we approac a court.

2) Our Assiciation is not registered yet. How do we get this registered. Now, the Land Owner and Builder are in same group and support the commercial activity. They own 3 flats in 10. Can we get this association registered without 2 owners cooperation?

Please suggest.

Thanks

Reply Follow

4 Replies

R.R. KRISHNAA (Legal Manager) 13 April 2010

The protesting owners can very well form an association and get it registered. In the bye laws and the memorandum of the association, it shall be made clear that the flats of the apartment shall be let only for residential purposes so that in future there occurs no problem as it occurs now.

Every state has enacted Apartment ownership act to regulate the issues pertaining to flats. Lodge a complaint before the statutory authoritiy as prescribed under the apartment ownership act of your state or file a suit for mandatory injunction against the tenant (software company) for creating parking troubles and nuisance.

Even without the 2 owners co-operation you can register the association.

1 Like

Vinod kashyap (Advocate & Legal advisor) 13 April 2010

The authority in this matter is muncipal corp. they can resitrict any comm. activities in residential area. u should file a civil suit for PI as advised Mr. krishna, u may file suit in indivdual capacity or in group.