Our lift landing area/lobby is of 9’x18′ with 4 flats on every floor. Residents have been requesting permission to allow keeping of shoe racks in one side in this area. There is a clause in Model Bye law 2014 Section 168.a which deals with encroachments of common area by any individual flat owner.
My questions are;
1) Can the use of common area be allowed for placing shoe racks of approved size in such a manner that it does not create obstruction in the lobby?
2) Does the GB has the authority to pass a resolution to amend Sec 168.a. and allow placing of shoe racks, by vote of majority in a GBM? Is it legally valid?
3) Does placing of shoe racks in lobby lead to rejection of Fire NOC?
Shall be highly obliged for your expert response.
I C Naik
Bye law 168 has to be amended if Your CHS has adopted that Model. If not then you see your registered bye Laws and follow that. 2014 Model bye Law applies only after it is adopted and registered by the Registrar.