Installation of an ac unit on external wall
Bhashyam Kalkunte
(Querist) 12 March 2012
This query is : Resolved
I, as an owner of an apartment in an apartment complex in Bangalore, had installed an AC unit on  the external wall of my apartment under the window sill (split unit) with the permission of MC of Association, due to health reasons. One of the apartment owner is objecting to the installation because it violates the provisions of Karnataka Apartment Ownership Act 1972, saying that my SBUA belongs to the common area of the Association, and as such I have to remove the AC unit as well as the ducting of the AC unit, which does not face any Road side.
What is my Legal status ?. Please answer.
An apartment owner
V R SHROFF
(Expert) 12 March 2012
Once allowed by MC of the Association, and already installed, You keep quite.
Let the matter proceed.
I hope u hv writen permission.
Even AC Staff knows rule of installation, and fix it correctly.
It is a very minor matter and not to worry at all.
Will single member, without co-op of MC, move court to get order to remove split AC??
Matter will at the most , go to co-op court, where execution will not be possible.
Who will bear cost or re location?
No one can deny using Split AC, or AC Co, will support you too.
You already done your job by getting permission & approval.
Only if the area is used in common by all members, then majority of members can take objection, otherwise not.
Guest
(Expert) 12 March 2012
But, you have not stated whether the apartment owner is your adjacent owner and external wall is common to both the apartment owners or not where the heat emission part of split unit has been placed?
Bhashyam Kalkunte
(Querist) 12 March 2012
Thank You for your prompt reply.the installation of AC unit does not interefere with any dwellers , nor any heat hits any body, and does not interfere any bodies property. The member objects only on the basis of common area, this is only out of spite.
Apartment owner
V R SHROFF
(Expert) 12 March 2012
How can a outside of your wall a common area??
Common area means a usable ground, staircase, common passage or terrace space.
If at all that man object and initiate the proceeding against you he FAILS.
First of all he have no right to object.He did not sustain any injury or loss.
Raj Kumar Makkad
(Expert) 12 March 2012
The objection of the mentioned person has no legal value and let him initiate any legal action. You may rebut him in ht same coin/
Guest
(Expert) 12 March 2012
With reference to your clarification, in that case you need not worry about that. Just ask politely to go to the MC, which gave you permission, as nothing interrupts the other aparment owner. Common space is for common use, nobody should have any objection for use by any of the members.
Deepak Nair
(Expert) 12 March 2012
As advised above by the learned experts, the objection by your neighbour does not stand a chance to suceed as you have done everything through proper channel, after acquiring necessary permission from the managing committe. Thus, there is no reason to worry.
girish shringi
(Expert) 13 March 2012
This is the Right of Easement to any dweller of the society,hence you have the right under the Act.
If any legal proceedings goes on you can fight on this ground.
girish shringi
(Expert) 13 March 2012
This is the Right of Easement to any dweller of the society,hence you have the right under the Act.
If any legal proceedings goes on you can fight on this ground.
M V Gupta
(Expert) 16 March 2012
The external wall of your apartment is part of ur apartment. no other person can object for ur fixing a split AC on it. At any rate u had obtained permission form the Association of Apartment owners. Hence the objection raised by your neighbor has no legal validity.
ajay sethi
(Expert) 16 March 2012
agree with experts
