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SREEDHAR V   02 November 2023

Rwa members harrassing for keeping split ac outdoor unit in terrace


Dear Sir 

Greetings.. 

I live in a Apartment 11th Floor Top Floor of a Registered with Register of Societies, Chennai South

There are atleast 25 airconditioner outdoor unit, outside in the external wall and also in the 5th Floor, 6th, 10th and 11th Floor protruding from balcony as external fitting.. There are 3 Split Airconditioner outdoor unit in the terrace without inconvenience to anyone as per picture enclosed. 

One of the AC outdoor unit is mine installed in Terrace over 2 years ago after duly informing RWA in multiple communication, inviting them to visit my flat on the top floor to understand that my flat has no provision to fix split Airconditioner outdoor unit. While awaiting them, I tried fixing it inside the bathroom and tried using it very limited for 2 years, but the risks were notified by experts such installation was hazardous for fire threat and therefore requested the RWA thru written  e-mail explaining  all the situation multiple times with prompt reminders. The same had not been responded at all. It was brought up by me in the following AGM, except 4 members who cannot fix it on the terrace had an objection, or wanting  to fix the AC from 4th floor to terrace without even knowing the feasibility of such installation or some. Others gave vague suggestions that every flat to be marked of a space in terrace to fix split units for themselves like carpark. Therefore no valid objection  or discussion points were noted. The then President RWA, who presided got frustrated on the discussion said to me you go and install if you like in the AGM itself , but while preparing minutes they did not incorporate any discussion on this issue as agenda in AGM minutes and this agenda point was dropped. Still after AGM I notified 15 days in advance that I am going ahead with my AC installation as per President  approval in the AGM, and saught a revert, else I will go ahead and install in such away that no inconvenience  will be reported by anyone and it was accordingly installed. No response received till date also from RWA, I even withdrawn my selection as Vice President of RWA for immediate following term, with a clear written message that It will be conflict of interest if anyone wants to proceed with objection after AGM discussion being in the lead team of RWA. There is no hindrance or objection reported by any residents till date also, for over 2 years for any inconvenience. Now out of jealousy & personal enemity for unknown reasons I feel,  only 2 owners are harrassing on this point all of a sudden  over the last 30 days and create a serious mental agony. There was no objection from anyone for messages including a letter by one of the member circulated in the WhatsApp RWA group except 2 more residents posting their individual views but no explicit  objection. So only 4 out of 125 members are participating and 121/125 has no objection till date.

Request you to guide on what law says on this. 
Whether RWA can restrict only Terrace installation of AC outdoor unit by Top floor residents but permit other external walls risky installation or keeping quiet on encroachment of common lobby area with shoe rack, cycles and other materials despite complaining as hindrance for movement. 

How can every member get fair right to live in the campus and no such isolated threats to few can be accepted for any fellow members. 

It will not be out of place to mention that common area in every floor of all blocks are loaded with obstruction like shoe rack, cycles and other materials of flat residents. Despite reporting many times the RWA did not act to keep common areas most used by residents  clear of any encroachment of personal things... There are also ACs on external walls of the building all over there premises posing a big threat of falling on passerby and constant water outlet flow being reported by residents because being slippery on floor or falling on head and dress while stepping out, since construction  for over 10 years.. 

How to handle this harrassment for keeping it in Terrace only by 2 of them as of now without any risk or hindrance reported for over 2 years of installation to any movement of anyone. 

Thanking you in anticipation, 

Best Wishes

Sreedhar V


 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     02 November 2023

If the RWA is objecting to the installation of your unit in the terrace, you can ask them to give it in writing after which you can take action against the RWA questioning their authority to restrict you alone while all others have been permitted to keep their units either in their balcony or in the common areas disturbing other members.

After that you can either make a complaint to the registrar of cooperative societies or approach court of law with a suit for permanent injunction against the rwa to restrain them from preventing you or to harass you doing this.

Dr. J C Vashista (Advocate )     03 November 2023

Consult a local prudent lawyer.


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