Tina Kashyap 20 February 2022

Disputes about common area in apartments

Hello,

Recently we have moved to our new apartment and are having some arguments related to a shoe rack with our neighbor. So we have a window facing the corridor. We open it with our convenience, but our neighbors are arguing with us for their shoe rack. As per our knowledge common areas are not allowed for personal use and my father doesn't want the shoerack front ot our window, because of it's bad fume and unhygienic issue. But our neighbors are creating continuous scenes in society meetings. They continuously claim it as a common place use. They want the shoe rack to use the area as common place for them. So my query is if we don't allow the shoe rack front of our space will it be right?

Can we claim that they cannot use the common area for the shoe rack?

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7 Replies

H.JanakiManohar Rao (lawyer) 20 February 2022

Yes.Nobody shoud use common area for personnel as apartment act and as per bye- law of your association.You lodge a written complaint to your association,if no action is taken by the association approach an advocate and file a case against association and the resident.

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Mayur Shrestha 21 February 2022

Dear querist,

1. Under Societal registration bye-laws, under the 'Responsibilities and Liabilities of Members' every member of the society shall keep the premise around the flat claims, and no member shall, without the permission of the Committee in writing shall make any interference, addition to or altercations in an around the lobby of the flats.

2. Also no member shall do or suffer anything to be done in his flat which may cause nuisance, annoyance, or inconvenience to any of the members of the society or carry on practices which may be repugnant to the decent and morality.

3. Thus it is advisable you make a written complaint with an affidavit to the registrar of the society and request him to take adequate measures provided in the bye-laws of the society. And upon a complaint made regarding the nuisance caused to the member the Committee wither suo-moto or on receipt of the complaint from any member may take necessary steps to stop all such practices.

Hope this helps.

1 Like

P. Venu (Advocate) 21 February 2022

The issue appears to be trivial that it could be sorted out cordially. The issue involved is custom and usages inherent to good neighbourhood where law or its procedure has limited role.

1 Like

G.L.N. Prasad (Retired employee.) 21 February 2022

If you have a society, seek their interference and always maintain cordial relations with neighbours and avoid confrontation by convincing them first.

Tina Kashyap 22 February 2022

Thank you very much for your precious words. I hope we can settle our issue

Dr J C Vashista (Advocate) 23 February 2022

Settle the dispute amicably or through association

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 26 February 2022

In which State is your building? What kind of Society/Association do you have? Is it registered and if so is it registered under the Co-op Soc Act or under any other Act of the State? The answer to your question and the solution would depend on the answers to these questions. In general common areas cannot be used by members to keep their belongings. You cannot either open a new window towards the common area without the approval of the Society/Association.