Common areas in a housing society are meant for the shared use of all residents. When a member places personal items—such as a dustbin, flower pots, shoe rack or any other obstacles —in a narrow staircase or corridor, it can create inconvenience, safety hazards, and even violate the Model Bye-Laws. If the managing committee fails to take timely action, members have the right to escalate the matter.
Common Areas Cannot Be Used as Personal Space
Housing society common areas—including corridors, landings, staircases, and entrance passages—belong to all members collectively.
As per the Model Bye-Laws:
• Members cannot place personal belongings in common spaces
• No one can block or obstruct movement in these areas
• Such usage is considered encroachment
A shoe rack placed in a narrow staircase area can obstruct movement, compromise safety, and violate fire evacuation norms.
Responsibility of the Managing Committee
Upon receiving a complaint, the managing committee is required to:
• Inspect the common area
• Identify the obstruction
• Issue a written notice to the member responsible
• Fix a deadline for removal
• Warn of penalties for non-compliance
If the member fails to remove the item within the time allowed, the committee may levy a penalty, which must be pre-approved by the society’s general body as per Bye-Laws 165 and 169.
Penalties for Unauthorized Use of Common Areas
Societies can impose penalties such as:
• Daily or monthly fines
• Charges for removal of the unauthorized object
• Additional administrative fees for repeated breaches
However, all penalties must be in line with the general body’s approved schedule.
What If the Committee Does Not Act?
If the managing committee ignores or delays action on your complaint, you are legally allowed to escalate the issue.
You may:
• File a complaint with the Registrar of Cooperative Societies
• Submit photographs, complaint copies, and proof of inaction
• Seek intervention under relevant bye-laws for obstruction and misuse of common property
The Registrar can issue directions to the society, impose penalties, or compel compliance.
Why Quick Action Is Important
• Obstruction in common areas is a safety hazard
• It affects residents’ free movement
• Violates fire and emergency evacuation rules
• Creates precedents that may encourage further encroachment
Prompt action ensures discipline, safety, and fairness within the society.
Conclusion
Members are prohibited from using common areas as personal storage space. A shoe rack placed in a narrow staircase is a clear violation. If the committee does not address your complaint, you can escalate the matter to the Registrar. Bye-Laws 165 and 169 empower societies to take action, levy penalties, and maintain a clutter-free, safe environment for all.
