1. Common passage way outside apartment entrance - shoe racks, plants, decorative art
2. Assigned parking slot - tires, wood, metal, boxes
Apartment is registered under KAOA 1972
Board circular asking owners to remove items already sent with deadline
Q1. What is the procedure to be followed to remove items from the above common areas without the consent of the owner?
Q2. Will the board be liable to complaints of theft/damage to private property by owners if items removed without consent of the owner?
We are concerned that the resident may lodge a complaint with the local police station for the removal as theft/destruction of property. Is this possible and is there a way to ensure that we are in the clear?
The Resident's Association can adopt the following.
1. Remove the items and keep them in a separate separate place. 2. Send a notice to the owner stating that he was encroaching on the common areas and the items have been hence removed and kept elsewhere. He can collect them back within X days and until then he has to pay a demurrage of Rs.Y/- per day until he collects them. If he fails to collect the items, they will be disposed of and the proceeds will first be adjusted towards demurrage and the balance, if any, will be returned to him. If the proceeds are not sufficient to meet the demurrage, the additional amount should be paid by him.
At first the General Meeting of the Association should pass a resolution authorising the Managing Committee to take action as above.