Apni Law Staff asked 11 months ago
A bustling society with 600 out of 2000 flats occupied is gearing up for a Holi celebration. As the builder manages the complex, no Residents’ Welfare Association (RWA) exists. The residents are planning a grand Holi Mela on Holi night, aiming to cover expenses through selling food stalls to vendors. The money earned will be used for the Mela, including tent, DJ, and even a rain dance. However, one resident opposed to the festivities is threatening legal action, accusing the volunteers of profiting from the common area. Could this resident actually file a legal notice? If so, what are the residents’ defenses against it?
Best Answer
Apni Law Staff answered 11 months ago
Yes, the resident can file a legal notice, arguing that the volunteers are using common area for personal gain without the consent of all residents. The residents can defend themselves by arguing that the event is for the benefit of the entire community, fostering social cohesion and using the earned money for common amenities, not personal profit. Additionally, they can argue that the builder’s oversight in managing the complex implies tacit consent to community events.
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