Dear all, Thought of seeking opinion from esteemed members of this forum on a issue.
I live in a gated community (which has mix of villas and apartment complex) in Bangalore and we have formed a association to run the campus.
Situation is; One of the apartment owner who is the ground floor has built a iron stair case by modifying his balcony railing which lands in a car parking slot which is alloted to another apartment owner in 1st floor.
One of the resident who saw this has complained to association and association has asked them to remove it since this deviated the sale deed which clearly mentions no modification to be done.
However - the apartment owner who built the stair case, says that this is not a permanent construction hence, they are not obliged to listen to what association says. And the on the point of having the stair case in someone else's parking lot - they said it is the matter between the car parking lot owner and themselves and association cannot interfere in that.
The parking lot owner who is a single lady who has let out her property now worried & feels threatned about this situation and even association is worried if everyone in the ground floor start doing this and disturb community harmony.
So - need some suggestions from the esteemed member on;
1) What is the remit of associaton in this matter? Can Association intervene and ask them to remove it or in worst case - can it remove the same by force? What are the possible consiquences if removed by force?
2) What does the law state with respect to modifcations & temporary structres in a apartment complex?
3) What should the car parking lot owner to as a next step? Can the parking lot owner remove it by force and what are the possible consiquences?
4) What should association do as a next step?
Would be great to hear your views and suggestions.
Thanks and Regards
Mahesh
