Apartment association(gated community) If one is living in a gated community (apartment) with 400 flats. There is an association built for managing the affairs of community. What is the law for building temple in the community on the basis of proposal by few residents ( no majority) or if proposed by majority by residents? We have our bylaws book wherein there is no mention about such permission.
There should be a common space available and all the 400 flats should have to give the letter of consent and it should be approved during AGM or SGM.
Dear Sir, If maj The Joint Director SAHAKARA SINDHU - DEPARTMENT OF COOPERATION Government of Karnataka No 146, 8th Cross 3rd Main Road, Margosa Road, Malleshwaram, Bengaluru -560003 ority members are not willing to construct the temple then it will be stopped. Appraoch:
Dear client , as your query, In an apartment association-managed gated community, it goes without saying that the construction of a temple or new structure should be done in line with the bylaws and local laws. If nothing is provided by the bylaws, it should be approved by a majority of residents through a general body meeting. The building would have to adhere to the norms of the municipal laws and zoning rules in a manner that the structure adheres to all forms of land usage and respects the rights of one and all in the locality. Permission from the local authorities would be an essential undertaking before the start of any construction.Feel free to book an appointment for detailed discussion.
Dear Client, if a proposal to build a temple is made by a few residents without majority support, it may not be legally permissible to proceed without further discussion or a formal vote. The bylaws of the association should provide guidance on how such proposals are handled. If the proposal has majority support, the association may consider amending its bylaws to allow for the construction of the temple. However, this must comply with local zoning laws and regulations regarding religious structures in residential areas. Constructing religious structures in residential areas requires permission from civic and police authorities. Unauthorized construction can lead to legal challenges. Since your bylaws do not mention permission for building a temple, it may be necessary to formally amend them through a vote that reflects the community's consensus. If the temple is built without proper authorization or against community wishes, residents can challenge the construction through legal means, including filing a writ petition in the High Court. Feel free to book an appointment for a detailed discussion.
