Dhaval Kulkarni
I stay in Bangalore and have purchased 2 flats in JP Nagar 7th Phase, Bangalore. This was second hand purchase of old flats. These are duplex flats on the top floors of the apartment that I stay in.
When I purchased the flats, I wanted some modifications to be done in the flat. I had requested to the managing committee of the association for grant of approval for the said modifications, which was granted by the secretary of the associations.
One of the modifications requested was opening up of the window to make it bigger so that I can have access to common terrace directly from my top floor of my flat. (The flat is a duplex flat and not a penthouse). Access to common terrace is available to other members also through normal staircase and lift. The lift is not there on the top most floor of the flat whose floor is at same elevation as that of the terrace. It is reachable only by staircase.
The builder had not provided for any other opening to any other common area for this floor which is mandatory as per the national fire and safety guidelines. I had only mentioned that I wanted access to common terrace directly but had not mentioned specifically that this is due to national fire and safety guidelines.
The modification was completed and we shifted and started living in the flat. Post this after about 3 months some of the members raised objection that we cannot have direct access to common areas like terrace. (Other members have access to common areas of terrace also and we have never objected to anybody coming to terrace) The new managing committee passed resolution to undo the modification. Can they do so?
We have refused to revert to the earlier position as it will violate the national fire and safety regulations and in case of fire there will not be any escape route for us from that floor. The managing committee has also threatened us with legal action.
We have consistently raised issues of deficiency in the services, negligence of office bearers to society’s responsibility of providing service, office bearers not paying attention to encroachment of common areas by unauthorized parking etc along with other people but all this are brushed aside and they are only hell bent on targeting us.
I C Naik
Such modifications need approval of the authorities which originally approved the building plan. It was not the committee alone that could approve. So first find out from Authority if this will be regularized by it, post facto.
