Question: I am reaching out for legal guidance on an issue concerning the Flat Owners’ Association’s attempt to restrict the construction of a toilet within my commercial premises. Despite having fulfilled all the required government tax obligations, the association is contesting this construction. Given that this pertains to a commercial property, I am particularly interested in understanding the legal framework governing such scenarios. I believe that, as a property owner who has met all government tax requirements, I should have the right to make improvements within my premises, adhering to legal constraints. I kindly request your expertise in shedding light on the legality of the (registered) association’s actions in the context of a commercial property. Any relevant laws, regulations, or precedents specific to commercial properties in Chennai would be immensely beneficial.
Ms. Suresh
Answer: Any Association, be it residential or commercial, will be governed by its bye-laws as well as the covenants in the construction agreement entered into with the concerned property developer. Any modification or additional construction to the existing structure (internal or external) requires permission from the sanctioning authorities. If your construction is made with proper approvals and has no impact on the structural stability of the building or the common areas and amenities, the Association may not be justified in objecting to your action. If necessary, you may file an application before the Registrar of Societies for suitable orders.
