Illegal installation of iron grills in common area of flats

soft

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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Scientist/Engineer

In which State is your flat? What kind of Apartment Association do you have? Is it registered? If so, under which Act of your State is it registered? Does the Association have any bye-laws or equivalent? What do the byelaws say regarding such matters? Does your Association have elected Office Bearers? How many flats are there in your building? How many members are there in your Association?
 
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soft

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

 

 

 
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Scientist/Engineer

The Act under which the Association is registered is also important. There is Andhra Pradesh Apartment Ownership Act. If the Association is registered under the Act it will be most effective. Very often Associations register under the Societies Registration Act also. What is the exact name of your Association? Does it contain the word "welfare". If so it would have been registered under the latter Act. You can ask the Secretary or any other office bearer. The registration certificate also will give the information As your neighbor's action is in violation of the byelaws it is for the Association to take action. As you have already written to the Association, they should first ask the member to restrain. Then the Association can forcibly remove them as the grill is installed in the common area which belongs to the Association. The Association should also go to court if necessary. If the Association does not act you can give further notice to the Association saying that you will be going to court and that you will charge the Association for all your expenses. If you go to court name both the Association and the member as opposite parties. You can go to consumer court against the Association. Consumer court will not accept your complaint against the member. You can go to civil court against both.
 
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soft

Our apartment was registered under "Office of the Registrar of Societies Hyderabad"

 
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Scientist/Engineer

The Association has to prevent encroachments in and misappropriation of common areas. It is the responsibility of the Association in this case. If the Association fails to take action you can file a case against the Association also. If you file case against the Association you should pray for payment also of a monthly compensation to you by the Association until the grills are removed. This is to ensure that the Association does not sleep over it.
 
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Advocate

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.

 
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soft

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

 
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Advocate

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.

 
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