Stephen Pereira 17 September 2023
The club house is in front of my flat where I have been residing for the past 15 years.
Yesterday the society has put up a grille and acrylic wall blocking view of my house and above residents house of the club house. When i asked for the reason I was told it is for privacy.
This disturbs us and we had un restricted view of club house and pool which was a reason for selecting that flat and purchasing it so many years ago.
What are my rights ? Can i have this partition removed ?
Thanks
kavksatyanarayana (subregistrar/supdt.(retired)) 17 September 2023
What do the bylaws say? You may raise this in Annual General Body meeting of the society.
T. Kalaiselvan, Advocate (Advocate) 17 September 2023
If this decision was taken unilaterally by the assocaition without conducting a meeeting or an aprpoval of the general body of the assocaition in a meeting then it can be termed as violation of bylaws and against the natural justice.
You can issue a legal notice to the association to remove the same and then file a suit for mandatory injunction against the association to remove the recently constructed obstruction which obstructs your easement rights by which you were enjoying your rights for over a decade period of time
Dr. J C Vashista (Advocate ) 18 September 2023
The decision taken by AGM should have been opposed, however, it is not a legal query.
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