Apartment misuse as guest house/bachelors
v ramesh
(Querist) 19 August 2013
This query is : Resolved
Sir,
Our apartment (15 flats) is in visakhapatnam( A.P). Our association is registered and we have bye laws strctly telling FLATS not to be used for bachelor/guest houses.To be used for family residential only.
But one MNC purchased two flats with out consulting the association and misusing them as guest house/bachelor accommodation and creating nuiasance.
we have lodged pilce complaint but CI Just told " nothing i can do in this".
How to proceed to protect our interests and flats and to live peacefully.
Please suggest .
I came to know about this site form the net and i m surprised and apreciatiang your effforts to give justice to the common man.
Regards,
V Ramesh
ramesh_ppp@yahoo.com
09425591775
Guest
(Expert) 19 August 2013
When and from whom purchased by MNC, before or after formation of the association?
ajay sethi
(Expert) 19 August 2013
MNC can use flats for its employees as guest house . it is immaterial whether they are bachelors or married
Rajendra K Goyal
(Expert) 19 August 2013
If the inmates are employees of MNC, it is not illegal, Society may complain for public nuisance if exist.
v ramesh
(Querist) 20 August 2013
Sir,
Apartment bye laws and association is formed before MNC bought the flats.Neither MNC and the Seller consulted the association in the transaction.
Bye laws are formed by taking the majority
of the voting . So called MNC simply misusing the flats .Day to day people are chnaging , about 20 people coming and going in a family residential apartment even in odd times .Please understand the feeling of families and suggest.
What for bye laws to be registered if we cannot make them to change the accommodation status.
Regards,
ajay sethi
(Expert) 20 August 2013
transfer of flat must have been appoved by the association . if MNC buys flats it is for use as accomodation its employees .
MNC is not using the flat for illegal activities .
Guest
(Expert) 20 August 2013
There was no need to seek permission from the association by the MNC before purchase of apartment.
If your byelaws don't prohibit buy and sell transactions of property by a company, you or association cannot raise any objection on the transaction. Even if your byelaws would have provided for the said provision, a company being treated as a person in law and can accept or trasfer the property, your byelaws would have become void, being anti-law.
So, only if you notice any nuissance on the part of any guest, you can complain to the company. You cannot prohibit boarding & lodging of guests of the company in its property.
Sudhir Kumar, Advocate
(Expert) 27 August 2013
I tend to fully agree with view of Mr Dhingra that "There was no need to seek permission from the association by the MNC before purchase of apartment"
Sudhir Kumar, Advocate
(Expert) 27 August 2013
You have so far not intimated whether it is cooperative society/ builder flats / flats by housing board.
you have also not stated if there was a nuisance. Even regular residents also come and leave at odd hours if they catch or leave train/plane.
Police has acted wise as not to have meddled in the issue.
Further you have registered some bey-laws prohibiting residence of bachelors. You may object if a resident couple leave bachelor son in house and goes out on holiday.
V R SHROFF
(Expert) 27 August 2013
only if there is a nuisance, and any woman complains, you can proceed to get Injunction order, that ONLY Family can reside there, and no commercial use or bachelor residing and changing every week be stopped. Civil Court may pass order restraining such use of Flat.
Let few girls complain in writing, they misbehaved with girls/ ladies. That is your starting point of action.
v ramesh
(Querist) 21 October 2013
VERY GRATEFUL TO Mr VRSHROFF SIR FOR HIS VALUABLE GUIDANCE.
OTHERS DO NOT UNDERSTAND THE PROBLEM.IF SOME 20 PEOPLE ARE STAYING IN A APARTMENT OPPOSITE TO YOUR APARTMENT , THEN YOU WILL UNDERSTAND. WHILE OPENING THE DOOR WHEN YOU SEE PEOPLE WITHOUT SHIRTS WITH LOUD TV NOISE AND NO IDENTIFICATIUON BECAUSE OF PEOPLE CHANGING FREQUENTLY AS IT IS A GUSEST HOUSE,THEN YOU WILL UNDERSTAND.
LAWYERS NOT ONLY TO TALK ABOUT THE LAWS EXISTING AND THEY SHOULD UNDERSTANDS THE PROBLEM AND SUGGEST EVEN FOR THE AMENDING THE EXISTING LAWS.
