Apni Law Staff asked 12 months ago
A housing society in Thane is facing a dispute over access to the terrace and refuge area. The society’s governing body, including the Chairman and Secretary, are refusing entry, citing safety concerns and society rules. They claim these restrictions are necessary to prevent incidents like suicide, but members are frustrated as they regularly use the refuge area for their meetings, including the Annual General Meeting. However, members are seeking terrace access to monitor water supply issues. Can the society deny access to these areas, even after passing resolutions in their meetings?
Best Answer
Apni Law Staff answered 12 months ago
Under Indian law, housing societies cannot arbitrarily deny access to common areas like the terrace and refuge area. While safety concerns are valid, they need to be balanced with the legitimate needs of the members. The society’s governing body must demonstrate the specific safety risks and how these justify the complete denial of access. The members’ right to use common areas for legitimate purposes, including meetings and monitoring infrastructure, should be considered and accommodated.
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