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Sharda Jha   15 June 2023

Coaching/commercial class of karate, basketball and skating in common areas of residential apartment

Is Coaching/Commercial class of Karate, Basketball and Skating in Common areas of residential apartment is permitted. When we bought flat we were never told that common areas will be blocked for coaching in common areas for which we all pay maintenance. Apart from that green area/pay area in society Exotica Fresco- Noida  is limited and this coaching makes it all the more difficult for our kids to play as per their wishes . The parents of these kids (hardly 20 of them ) use obnoxious language if we try to stop this coaching by addressing to RWA and therefore RWA is also silent. There are 834 flats and its really a small park. What can be done ???? Other residents also do not speak for their own children.

 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     15 June 2023

Since apartments are managed by Residents Welfare Association, which is governed by provisions of Societies Registration Act, 1860, it is better to show Memorendum of Association and Articles of Association of the RWA to a local prudent lawyer for analayse and form proper opinion qua availability of area in the premises for usage as common areas.

Sudhir Kumar, Advocate (Advocate)     15 June 2023

"Other residents also do not speak for their own children."

 

You will be left out as minority.

T. Kalaiselvan, Advocate (Advocate)     15 June 2023

You can gather like minded people and storm into the office of the secretary of RWA with a written complaint to address your grievances in this regard and to take proper action as per bylaws of the society to provide relief and remedy.

If the society still maintains silence or indifferent attitude then you all may approach the local civic body against them for illegally occupying the common areas and causing disturbance and obstruction then yo all other residents.

You can alternately approach consumer distress redressal commission or registrar of cooperative society for relief and remedy against society.

Dr. J C Vashista (Advocate )     16 June 2023

It is appropriate to contact, consult and engage a local prudent lawyer for proper analysing facts, professional advise and necessary proceeding


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