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, since I wasnt sure about the correct section for Society related matters in Maharashtra.


Asked on 11/28/10, 1:36 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Consider calling a new AGM or EGM and resolving this issue.

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Answered on 6/05/11, 1:04 am


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