firoz ali (XX) 08 August 2023

Shoe rack in common area installed before the society made a decision to remove them

Hello
I have a flat bought in 2008 moved in 2014 and installed a wooden shoe rack in 2018 until then the society had not intimated any objection against the shoe rack. In 2019 the society decided to remove all shoe racks. The shoe rack outside my apartment is afixed to the wooden work carried out by us which is attached to the wall and wooden frame. removing it now will make it ugly and or if we manage to get similar design sunmica as the rest of the wooden frame only then it will look better. I have asked society committee to bear part of the expense as they took the decision and we are happy to co-operate but they are threatening us with fines. What rights do i have in this issue. When we did the work this decision didnt exist and they took decision in 2019. The shoe rack is a very small unit and it doesnt obstruct or cause any problems to our neighbours or passing by.
Can anyone advice?

Reply Follow

2 Replies

Real Soul.... (LEGAL) 08 August 2023

Well if the society has passed the directive you must follow that, they can impose the fine even.

T. Kalaiselvan, Advocate (Advocate) 08 August 2023

The law prohibiting the shoe rack is common for all the members of the assocaition.

It is not a rule formed for you alone

There are some Societies, who allow to keep shoe rack, garbage din outside the flat in common area, free of charge, after passing such resolution in the General Body Meeting of the Society.
Even if it is allowed, it should not cause nuisance for the user of the society's common area, such as for free movement of the people, no foul smell, etc.

The legality about this will depend on the bylaws in this regard.

The bylaws in this regard are final because they are made for the convenience of all the members and not for few.

Your neighbors may not complain neither it would be hazardous to others, but the rule of the association has to be respected by all the members if not the law will take its own course of action.

As per 169(a), if you are encroaching on common area of the society on permanent basis, then you will have to pay five times the maintenance charges of your flat. If you ready to pay it, then keep your shoe rack in the common corridor.