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Karthik (NA)     31 October 2009

Private Terrace in flats / apartment complex vs common area

In the registration document for our apartment(in Bengaluru, Karnataka) there are two clauses which refer to common areas and private terrace. One states that the terrace area which are paid for by a owner will be private and he alone shall have rights over that. The other clause states that all owners have access to common passages and walls and association has rights over such property.

These are my questions:

1) does the term private terrace include the parapet wall or any adjoining wall with the apartment ?

2)Can the association use the wall around the private terrace for placing a dish antenna or internet antenna ?

3) If a resident in the complex has placed an antenna on the private terrace of another resident is it the associations duty to solve disputes arising between them ? Should the association direct the residents on where to install such equipments ?!

Please advise on this matter. Any help and direction will be greatly appreciated.



Learning

 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 October 2009

association can solve disputes arising out between the residents of the society and it is within their rights and duties even. So far as common passages and walls are concerned, those are dfinitely for common use but terrace as given in the deed is purepy and private part of flats and requires no interferance of any other person or society.

Karthik (NA)     18 November 2009

Thanks for your response sir.

Captain Sekar (Individual)     24 February 2014

Respected Lawyers/Members of this Forum,

In a similar matter, is a resident/owner of a flat in an apartment complex legally entitled to install antennas (TV/internet/telecom) for commercial purposes? i.e. can he install antennas on the terrace of the apartment building where he is residing or is an owner of a flat and transmit to users in other buildings/areas and charge a certain fee?

Thank you for your kind advice.

Best regards.
Captain Sekar


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