GAYATHRI RAMAKRISHNAN 17 November 2022

Regarding encroachment of common area in apartment complex

In our apartment complex, there are 2 gates that lead to basement parking with steep slope. Due to some considerations one gate was closed and the ramp leading to the gate was allotted to 2 members . When we as an individual owner raised this issue as to how the ramp area leading to the gate was allotted for parking 2 members by the association, the past secretary and the current car owners who were allotted the parking lot replied that the decision was approved by the AGM.

The blocking of the gate by vehicles is a fire safety hazard and would like to know if i is legal to allot common area as parking lot which blocks the gate. Also since 1 gate is closed, there is a risk for head on collision. Also whenever some maintenance works has to be carried, the owners refuse to remove the vehicle , which requires clearing of the ramp area.

How to make them clear the ramp leading to the gate.

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1 Replies

Vishesh K Sapra (Advocate Supreme Court (888-215-3399)) 03 February 2025

Hi Gayithri,

You can challenge the illegal allotment of the ramp area for parking by citing fire safety regulations, apartment association bylaws, and municipal building codes. Since the ramp is a common area meant for entry and exit, it cannot be privately allotted for parking, even if approved by an AGM, as such a decision violates common property rights under the Apartment Ownership Act applicable in your state.

Blocking the gate is a serious fire hazard and violates National Building Code (NBC) norms. You can file a complaint with the local municipal corporation’s fire department stating that emergency access is being obstructed, which puts residents’ safety at risk. The fire department may issue a notice to the association directing the clearance of the ramp.

Since maintenance work is being obstructed, you can formally write to the association, stating that denying access for essential repairs and safety compliance is illegal. If they do not act, you can file a complaint with the Registrar of Societies or Cooperative Housing Authority in your state, seeking an order for clearance of the encroached ramp.

If the association does not act, you can file a case in the civil court seeking an injunction under Section 39 of the Specific Relief Act, 1963, directing the removal of parked vehicles and preventing future encroachment. You can also file a police complaint under Section 268 IPC (Public Nuisance) and Section 431 IPC (Obstruction of Public Way) if safety concerns persist.

If needed further help, get in touch with me at 888-215-3399 on WhatsApp.