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Ajay (Senior Software Engineer)     02 November 2013

Housing society circular does not allow bursting of crackers

Dear experts,

I have always been lighting rockets from my building terrace during Diwali. This year, when I asked for the terrace keys from a society member, he refused to give me the keys saying that according to a society circular members are not allowed to burst crackers on the terrace. The apparent reason he gave for this was that apparently the terrace flooring may get damaged. This seems quite unlikely in the case of rockets as they are lit in a bottle and dont have any contact with the ground. The particular member also called up the society secretary on the phone who also confirmed what the member had said.

They suggested lighting on the society ground which is not so good due to growth of grass and weeds and insects and also the presence of trees. Further, I feel the terrace is safer for rockets as there is less danger to others in case of a malfunctioning or misfire.

Such restrictive rules have become a major dampener for the Diwali celebrations. It seems that the society circular is infringing on the personal liberty of an individual. Would like your expert opinion on whether such circulars have any legal standing and how to deal with this situation? I stay in Bombay(Mumbai), Maharashtra.

Thanks, and awaiting your responses.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     02 November 2013

If the housing society circular puts certain restriction over the activities of members it is common for all and have to observed  by all without any exemption to any one within the society, the bye laws of the society will uphold such circulars because they are issued after a consensus/resolution arrived at in a general/executive committee meeting for the benefit of all the members, so you cannot challenge such decisions. 

Ajay (Senior Software Engineer)     03 November 2013

Thank you for the response. Surely there must be a limit on to what extent the housing society can dictate to the residents. Such circulars are written based on a few committee members without proper thought. Can a housing society even dictate to members what clothes to wear or what time to come and go? Where is the limit?

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