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Shomik Bhattacharyya (xxx)     04 October 2022

Housing society rule


I have a property which has been recently leased out to a tessee on a 11 months contract. The tenant works in a company where his shift starts from 8 pm and ends 4 am. I have recently come to know from the apartment association that they will not allow anybody to enter/exit the society premises from 11 PM to 5:30 AM as a measure to ensure security of the complex. This is creating problem for my tenant as he has to stay outside after his work and he cannot comeback before 6 AM. 

Please let me know if such rules can be created by the Apartment association which prevents access to any house owner or lessee to the common areas of the premises at any point in time during the day.


Shomik Bhattacharyya


 2 Replies

P. Venu (Advocate)     04 October 2022

The Apartment Association cannot make any such rule or bylaw unless duly authorisd by the Law under which it is registered. It is impossible that Association is so authorised in imposing an unreasonable condition.

Sourav Das (Advocate Supreme Court of India)     04 October 2022

Restriction of movement is illegal,  violation of Art 19 of the Constitution of India.  Any such rule by society will be ultra vires to the Constitution. 

Issue legal notice through advocate to society, then proceed legally. Generally these kind of matters are settled amicably after issuing legal notice itself.  Do not worry.

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