Madhan 24 May 2024
T. Kalaiselvan, Advocate (Advocate) 24 May 2024
Is your assocaition a registered body, if so, you may submit an application to install a grill gate in your house for your safety purpose and can assure that it will not in any way obstruct anyone neither it will damage the structure nor there will be any structural change by installing the grill gate.
If the assocation is not giving permission, you can proceed legally against the association and obtain permission by filing an injunction suit through civil court against the assocation for the justified reasons you rely upon.
If it is not a registered assocation, then you can issue a legal notice to them to not to interfere in your personal affairs.
The builder cannot object if there is no clause restricting you from installing the proposed grill gate, you better go ahead with the installation, and challenge them legally if they create any problem
Madhan 25 May 2024
Thanks for your response sir. The villas are just handed over and currently it is under builder's free maintenance period. We have no permanent association formed. We have some members volunteered to be temporary association. They are trying to expedite forming a permanent association and will register the association once it is formed. This might take few weeks or more. Other hand, the villas are maintainted by builder for initial 6 months hence builder is the in-charge now and they are trying to use the name "elevation change" and blocking our works. Their staff came up to my house and stopped my workers.
When I questioned the staff also known as "Facility Manager", he said, it is part of elevation change and not allowed. I am still trying to talk to their top management but have not got any response from them yet. I would like to understand if safety grill gate installation is an elevation change?
I have attached the sale/construction agreement, please refer to point 10 (D), could you please review it and provide guidance? If possible, please review the two page clauses attached herewith and provide further guidance.
Please see attached clauses. PDF attached.
T. Kalaiselvan, Advocate (Advocate) 25 May 2024
To reveiw the conditions of the agreement you may have to either post the relevant portion of the clause you refer here or you may have to consult a local advocate and engage his services for all such issues including the scrutinisation of the documents on the terms of the chosen advocate.
Here we can give opinion on the matter what is before us and we cannot go through the contents of attachments attached here.
Madhan 25 May 2024
Sure sir, below is the clause I was referring to,
The Allottee(s) covenants not to make any alteration in the structure/design/colour of the villa, which may affect directly or indirectly, the structural safety & stability and the aesthetic elevation of the building complex.