Hello there, A very happy new year to you all-
I kindly request your suggestion on the below stated problem. Would appreciate it.
We live in a 500+ apartment complex divided into multiple 10+ story building and the problem I have is, the community misusing a common area, which is next to my flat, for conducting events at night (beyond 10PM) with loud sound systems. This is resulting in a unbearable loud sound (60 decibels with all in my flat, impacting peaceful residence of my family as well as incontinence to my family to go to sleep at 10PM as we do daily. There are other residents who expressed inconvenience about it as well.
We do have a elected committee of Association, which I have duly requested before but, they still permit conducting of such events. The byelaws which are finalized (I'm not sure if they are state approved yet) clearly state that only earmarked places must be used for events.We have a clubhouse with a multipurpose hall for such events but the organizers say it is small and not rightly built for sound management resulting in echoing and is difficult to conduct there.
This common area being used is NOT earmarked in any design or construction documents provided at the time of purchase for usage in any events.
As per my limited understanding, this is
1. Misuse of property and non earmarked common space. 2. Violation of my families fundamental right, under article 21, to go to sleep. I would like to understand from the respected members here on, how to proceed in this case.
I would expect them to provide proper apology for the incontinence caused and, provide written statement on ensuring that the common area shall not be misused and a clear penality be earmarked for any such violation which the affected adjacent flat owner has right to claim. Thank you very much.
