use of common space in chs

Dear Sir,

I live on 7th floor (top floor) having one single flat at one side and two flats on the other side.

Single flat is mine and I have used the entrance area by covering the area through wooden partitions.

I understand that this is encroachment of common space of the housing society. My queries:

I got the area covered when the society was under formative stage (construction started before society formation) and before to it, I wrote a mail to the builder specifying my intention and asking his consent. No reply to this mail received. Can I take silence as consent ?

What action can MC take on me?

What if MC levy some penalty then what would be the maximum amount and will it means no further hassles (case closed once for all and cannot be revived afresh in later years)?

There are similar encroachment in the other wings also.

There is no complaint from my neighbours and the coverage does not obstacle any movement.



Umesh Malik


The coverage as described by you is not permitted as per the society law even it was done prior to formation with builder's consent. The builder has no right to give such consent. However, if you have done for any security reason and your neighbours and the society does not agree, you may continue with a dislaimer to the society. In case the neigh bours change/sell their flat, the new member might find it objectionable - in such case it may have to be removed.





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