My query is in reference to Clause 6 (4) of Haryana Apartment Ownership Act, 1983 cited below-
6. "(4) Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners."
A group of residents in my apartment complex goverend by the Haryana Apartment Ownership Act have bought more cars than the no. of parkings they have. They want the Governing Body to allow them to lease out the parking space meant for visitors for a monthly rent.
In light of the above clause, would leasing visitors parkings for private use amount to encroachment upon the lawful rights of the other apartment owners by denying their bonafide visitors apce to park inside the complex and therefore ensure safety & security of their vehicles. By forcing visitors to park on the main public street, is the governing body doing the right thing?
