Legal Question in Real Estate Law in India

I live in a 20-storeyed building on the lower floors. Every flat has a dry area and a balcony. Many members on the top floor wash these areas regularly and the dirty water flows down into our balcony/dry area rendering them unusable to dry our clothes etc. The society has an AGM resolution specifically prohibiting this. But, the flat owner on one of the top floors continues to wash the area and said that if I have a problem, I should put shades in those areas. Now, the manager is refusing permission for this citing a recent AGM resolution disallowing shades since it was spoiling the look of the building. When we pointed out that several members have already put them up, he said he could not force them to remove the shades already put up, but can only prevent the others from putting up new shades, which I feel is unfair to members like us.
Kindly help us in resolving this issue.
P.S. I have posted this query in both, the Real estate & Consumer law sections also, since I wasnt sure about the correct section for Society related matters in Maharashtra.

Asked on 11/28/10, 1:26 am

Shrichand Nahar S.V.Nahar, Advocate

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Acts of top floor flats owners is clearly in the nature of nuisance and tort. You can take appropriate recourse.

In case erection of shed is permissible by local municipal laws, you may consider taking necessary permission for erection.

Answered on 11/28/10, 8:56 pm

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