Respected Sir,
Currently, we are running the shops in the Smondoville apartment society and we are having issues with the Smondoville Apartments Onwers Association (SAOA) due to few immoral activities within the soceity.
In this society, only the commercial units are having the right to do any business activities. However, SAOA has setup the below commercial shops in the common area through 3rd parties which are conflicting our existing business within the society.
- Momo shop within the common area within the Commercial units à Started this 1 year back
- Iron shop in the Garbage area à Started this 9 months back
- Mobile Vegetable shop through the common passage (near to the parking lot) – As of now, it operates twice a week. à Started this 1 week back
The shop owners/keepers are being part of this SAOA (Smondoville Apartment Owners Association) as we pay regular maintenance charges (which is more than 2 times of residents’ charges) for the common area maintenance like any residents in the society. And also all the commercial units are having equal rights for the undivided share of the property like any other resident within society.
However, the SAOA takes the decisions unilaterally to use the common facilities against our business interest. As per the legal agreement, the SAOA has the right only to govern the conflict of business within the society so that the commercial units are sustainable and able to service the society. They are having no right to bring the 3rd party to setup the business in the common areas.
Unfortunately, we had seen that the association has played only the destructive role against on all our business by setting up these conflicting business instead of protecting our business. We had raised these issues in several meetings. But, the SAOA never addressed our concerns. During the meetings, they have been quoting that the 3rd party is charging lesser than the shops in the commercial units and due to that and they allowing them inside. Since these 3rd parties not paying any rent/electricity/maintenance to SAOA, they are able to give the better competitive price than us.
However, the Shop owners has to pay the electricity, maintenance fees, taxes, etc. Due to the unfair competition setup by SAOA, the shop keepers are unable to sustain in the business and making heavy losses on daily basis and also their employees are loosing their jobs. It is also evident that there are 3 commercial units had been closed within last 3 months due to this.
Is there any way that we can get the stay for illegal activties by the SAOA?
Please kinldy appearciate this for any leagal advice. Currently, we have no clue on how to appraoch this problem?
thanks
Sathiya
