Response

The terrace of a building will be considered as a common area defined under section 3 (f) of the Maharashtra Apartment Ownership Act, 1970.

As per section 6 of the Act, you are entitled to an undivided interest in the terrace and as you are not trying to encroach the terrace or cause a hindrance to other members by drying your clothes on the terrace, and using the terrace is your lawful right.

Bombay High Court has ruled against residents blocking the access to terrace for other residents.

Section 24 of the Maharashtra Apartment Ownership Act, 1970 states that the provisions under the act will apply equally to apartment owners and tenants and so, your rights and access to the common areas of the building cannot be curtailed on the grounds of you being a tenant.

You can file a complaint before the Society Committee and raise this issue before them.

You can file a complaint before any of the Officer Members and they will take a decision within 15 days as mentioned under section 171 and section 172 Model Bye Ð Laws of Co-operative Housing Society.

However, if you are not satisfied with their decision or if you do not get a response from then, you can approach other Competent Authorites mentioned under section 173 of the Bye Laws.

Reference: 1. Maharashtra Apartment Ownership Act, 1970.
Section 3 (f)
Section 6
Section 24

2. Model Bye Ð Laws of Co-operative Housing Society.
Section 171
Section 172
Section 173 – 202100289-20210043-7463 –

LAWAYZ-2023-503