What are your legal rights as resident in society?
Ours is a newly formed society under the Karnataka Apartment Ownership Act 1972. The name of the Apartment is "Raaga." Some resident groups have been organizing Ganesh Puja, Durga Puja, and other festivals. They have named their committee Raaga Ganesh Utsav or Raaga Sarbojanin Durga Puja Committee for the last three years. The association president and the board of managers have initiated a rule stating that no festival committees can use the name "Raaga" as a Suffix for naming their committee because Raaga is now "Raaga Apartment Owners Association" ( RAOA). This is despite a disclaimer sought from the organizing committee that the RAOA is no where linked to conducting the festivals and that it is a group of independent residents coming together to organize funds by collecting voluntary donations from the apartment residents. This has caused considerable debate and discontent among the Residents. Please advise.
In your situation regarding the use of "Raaga" for festival committees, it's important to recognize that while the Apartment Owners Association (AOA) has the authority to set rules, it should not infringe on residents' rights to organize independently. Since the festival committees are independent and have clarified their non-affiliation with the AOA, they may retain the right to use "Raaga" in their names. To resolve the dispute, consider facilitating a meeting between the AOA and the festival committees for open discussion. If conflicts persist, seeking legal advice may be necessary to understand your rights under the Karnataka Apartment Ownership Act.
Here are some legal rights that residents of a housing society in India have: Access to amenities: Residents have the right to use the common facilities and amenities of the society. Privacy: Residents have the right to privacy within their homes. Safe living environment: Residents have the right to live in a safe and secure environment. Participation in society: Residents have the right to participate in the affairs of the society. Right to complain: Residents have the right to have their complaints and grievances addressed. Right to file a complaint: Residents can file an FIR, petition in civil court, or report to the Registrar of Societies if they face harassment from the owner or management.
Sir, this matter requires brief discussion so it is advised to consult an expert lawyer who will assist you on your rights as residents and the legality of the RAOA's restrictions. For further legal assistance contact us on our helpline number.
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