Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

As per our apartment’s bye laws and memorandum of association, ‘the common area shall not to be used for keeping or storing furniture, packages, toys or personal effect of any description’ and ‘car parking shall be used exclusively for vehicle parking’.

Despite objections by other members/residents, if certain residents keep any of the above restricted items outside their flat or in the common area/parking, how do we resolve the matter? Can the Association impose a fine which will be increased monthly if the materials are not removed?

C S Kadiresan

Chennai

The bye-laws will be binding on all the residents. Consequences/penalty for not complying with the bye-laws are also normally provided in the bye-laws or can be decided by the general body of the Association. If there are no clear provisions for imposing a fine in this regard, the bye-laws may be amended in the next AGM to include such penalty.