Vijay Kapoor (retired) 23 January 2010

Nuisance created by co-owners of flats in building

I am owner and resident of a flat in a building that has 14 flats.

1. Some of the other flat owners are creating nuisance like keeping / sterwing footwear in the stair-case and in front of their doors and in proximity to mine which I find offensive.

2. Their children play and make loud noise and generally create nuisance nearby my flat all through the day, which I find very disturbing.

3. They have also put up a large relegious statute at the entrance to the staircase, which I find to be an obstruction and also offensive.

4. One of them has broken a part of his balcony to gain access to a large common area, and is using same for his personal purposes like washing and drying clothes on clothes line, etc.

Are such acts nuisance, if so, is there an (effective) remedy?

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R.R. KRISHNAA (Legal Manager) 23 January 2010

If there is any association in your flat, make a complaint to the secretary of the association of your flat or raise this issue in the general meeting of the association. Otherwise you can send a legal notice and file a suit for mandatory injunction to remove the unauthorised keeping of things near your house.

If somebody is broke open the balcony to gain access to the common area and encroaching it then it is offensive as per the city development rules. Make a complaint in the metropolitan development authority or any other appropriate statutory building development body in your city/state. Contact a advocate in this regard.

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