I have brought flat in 5th floor and my neighbor flat owmner is try to put Iron grill door in common cordial. Our apartment doesn't have common walls and adjust flat is corner flat.
As there is no common walls my Kitchen window coming common area. He is not caring my rights about common area and trying to install iron girlls between flats making me not to give a ccess to my kitchen window from out side. He already installed few iron grills which are also part of common area.
I already given written complaint about this to the Apartment association but still owner is not stopping this action.
What should be my actions about this. I am software Engineer and i don't have much knowledge on court / police cases etc
Please help me in this issue
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Thanks for reacting on my issue
Flat is in Hyderabad which is Telangana State. We have apartment Association which was elected by all the Flat owners. It is registered association. I am not sure which act my state is it regisered.
I brought copy of by laws from Association. In which it was clearly mentioned that no tenent or flat owner has right to occupy common areas
As per the wording it was mentioned that
1) The members should not us the common areas and facilities for the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other members
2) The member shall not make any any structural modificaitons or alterations in his/her flat if such modificaitons or alteration are likely to affect the building or to any flat. The member shall give to the association a notice in writing about he modificaitons or alteration. The Association shall have he obligation to answer within 30days
In association we have elected president and other committe memebers
We have 120 flats in our apartment which was divided to 4 blocks
The encroachment of the common area by the neighbor especially when it affects the rights of the other neighbor is an illegal act. If the association is not responding properly, issue a legal notice to the neighbor and the association demanding removal of encroachment in the common area after which you can prefer a complaint with the cooperative court. Consult a lawyer and take his advise too.
Thanks each and everybody who is helping me though this channel. As per the current mentality of the people no body is willing to help anybody without any profit but still through this channel you guys are helping for needy people like me
Once again I really thankful to all the people giving me suggestions
till today I am waiting for Association reaction but unfortunately they are not reacting so I think I need to get step out and approach law to justification
opponent being a lawyer he is doing illegal actives
Ms. Uma, you should bear it in mind that nobody is above law, some people may think that they are more equal in law due to their profession or other status, but it is not so, Everyone can be made aware of the prevalent law by teaching them proper lesson hence do not hesitate to go ahead for the reason that the encroacher is an advocate by profession.