Legal Advice

Common place in appartment

Question: Few days back someone from my society had installed a JIoFiber receiver above our roof without our permission. When I complained about it to the society, the secretary told me that it was installed on the wall of the water tank and according to him it's a common place for the society to use. However, that portion of the tank is above our apartment. In relation to this case I would like to know the following. 1. I would like to know whether I can claim that the part of the water tank which is above my apartment is a part of my property or not? 2. That Jio subscriber stays on the ground floor and the receiver was installed on the roof of the 3rd floor. Does the roof above the 3rd floor belongs to the owners of the 3rd floor only or it also belongs to the owners of other floors of my apartment building?

Advise

Determining common areas within an apartment complex in India is a process guided by various legal documents and regulations. One significant factor is the existence of state-specific legislation, such as the Apartment Ownership Act, in states that have enacted such laws. These legal frameworks often provide explicit guidance on the definition and management of common areas within an apartment property.

The apartment’s bylaws and rules, formulated by the housing society or association, play a pivotal role in delineating common areas. These documents typically outline specific spaces, such as staircases, hallways, parking lots, and shared facilities, that are collectively considered common areas for the residents.

At the time of forming the housing society, a declaration is made which serves as a legal document defining the rights and responsibilities of individual owners and the association in relation to common areas. This declaration is crucial for understanding the agreed-upon framework for managing shared spaces within the apartment complex.

Decisions regarding common areas are often addressed in the general body meetings of the housing association. These meetings provide a platform for residents to discuss, decide, and collectively manage matters related to common areas, ensuring transparency and community participation.

Furthermore, the bylaws may include specific rules governing the use of common areas. These rules can designate certain areas for specific purposes and outline guidelines for their use, contributing to the overall well-functioning and harmony within the apartment community.

In instances of disputes or uncertainty regarding the classification of common areas, legal interpretation may be necessary. Seeking advice from legal professionals with expertise in property and housing laws can provide valuable insights and help in resolving issues in alignment with the law and established community rules. Overall, a careful review of the governing documents and active participation in association meetings can contribute to a clearer understanding of common areas within the apartment complex.

Shivendra Pratap Singh

Advocate

High Court Lucknow