Rohan 06 April 2024

Society shutting down amenities

Hi,

I am the owner of flat in Bangalore in a gated society. Off late the society wants to shut down the swimming pool permanently as they feel no one uses it and its an added expenses. However, we do have kids using the pool. Majority of the members are senior citizens and do not use the pool due to which they are in favor of this decision.

My concern is with the closure of the pool there will be depreciation in the cost of the apartment for rentals or sale.

What can I do as a owner to protect my interest and stop the closure of the pool. Who will be accountable for the drop in the apartment price.

Thanks

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 07 April 2024

The members have paid extra cost for the swimming pool amenity, therefore the society cannot take an unilateral or arbitral decision to close down the swimming pool

In fact this matter could have been discussed as an agenda in a special meeting of the society and a resolution should have been passed by majority members.

Even then, if you feel that it is an injustice caused to you and other members, then the aggrieved can approach court with a suit for permanent injunction against the society to restrain them from taking such decisions affecting the interests of the members.

Dr. J C Vashista (Advocate ) 07 April 2024

The members have incurred heavy cost to construct the swimming pool and least cost to close, which is not a viable decision, persuade other member to continue operational of the pool even if it require some recurring cost.

However, if majority of the members do not agree to your proposal you may seek a permanent injunction from civil court against closing the pool through a local prudent lawyer.