Shoe racks , usage of passage area, fire exits & parking
Querist :
Anonymous
(Querist) 21 March 2018
This query is : Resolved
Respected Sir. First of all , i am happy to find your site professionally connected and well done.
Well, Can you please give your expert legal opinion on the following :
a) On the issue of shoe racks kept outside the main entrance door of a flat in a tower occupying around 5 sqft only and not of any hindrance to the neighbor also and who does not mind for the said usage ?
b) What if the same passage is encroached by other flat owners in each floor of the same tower. Around 50 sq ft and the passage is being extended as the front entrance door of each flat. They say, that the passage was given by the builder. As also , the fire exit is only on one side of a wing , the other side is used by the same members ( the walls covered) with similar reasons. ( Given by the builder)
c) The fire security is under a big question mark. Shockingly and strangely , where as a shoe rack is a threat to fire ? But members who keep the shoe rack are penalized monthly.
d) Reminder letters has been ignored and only after repeated reminder they have answered that they do not agree . This was when the municipal plan and fire plans are asked by the concerned member to the managing committee the same is being denied.
Where as the bye laws says clearly that every member has a right to obtain documents by providing fees for obtaining the same.
e) A legal case , will put many members into problems as property tax for the said space has not been paid for the last 12 yrs by those who occupy a corner flat in which they are using the passage of around 50 sq ft as mentioned in point (b).
f) Can the court, if they find the decision of the managing committee wrong break open the walls for fire security ?
g) Can the passage be given back to the society ?.
h) Can the managing committee be put behind bars for illegally collecting money towards car parking every month from members who do not have a car parking space as they park their vehicles on the approach municipal road of our society.
i) Can stilt parking given by the builder and taxes paid and registered with the govt of Maharashtra be called illegal by the managing committee as some members do not have car parking space .
Awaiting your comments. Thanks for your patience in reading this.
Sudhir Kumar, Advocate
(Expert) 22 March 2018
could convey nothing.
Site inspection and perusal of papers is needed for understanding this matter. contact local lawyer.
