Can Association object to sharing of apartment?
The owner of the one of the flats has converted his flat into a lodge and let it out to several bachelors. Is this permissible? Can the Association object to this? One flat owner has a dog in his flat and it threatens others and keeps barking and creates nuisance. Can the Association direct him not to have any pet animal in his flat?
Some members are not paying the monthly maintenance. Can the Association disconnect water and electricity to his flat?
M. Suresh kumar
Our panellist, Mr.R.L. Naryanan replies:
The letting out of the premises by itself to a group of bachelors may not amount to converting the property as a lodge. However, this is a matter which has to be decided on the basis of facts and circumstances of each case. In my view, the Association can raise objection to this only if there are sufficient reasons to hold the view that it is being run as a lodge.
It may be difficult to enforce a condition that the flat owner should not have any pet. However, it can be made clear that the flat owner would be liable for any injury or damage caused by the pet in the event that it is let outside or escapes from the custody of the owner. This is one of the issues in which a persuasive approach may be helpful. In my view, disconnection of any service like water or electricity cannot be effected for default of monthly maintenance subscriptions. The proper remedy will be to institute proceedings for recovery of the dues from the defaulters and for other relief depending on the circumstances.
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