In many cooperative housing societies, residents place or construct wooden shoe racks, cabinets, benches, flower pots or storage units in corridor spaces outside their flats. While members may consider this area as an extension of their home, legally such spaces are treated as common areas and cannot be permanently occupied for personal use.
The managing committee is fully empowered to prevent such encroachments.
Corridors Are Common Areas of the Society
Under the model bye-laws of cooperative housing societies:
- Corridors
- Lift lobbies
- Staircase passages
- Open spaces
- Common terraces
- Areas beneath staircases
are classified as:
- Common areas meant for use by all members
No individual resident has exclusive ownership rights over these portions.
What Does Bye-law 169 Say?
As per:
Bye Law 169
the society:
- Cannot permit any member to occupy:
- Open spaces
- Common passages
- Staircase areas
- Terrace spaces
- Corridors
for private or personal use.
The bye-law specifically restricts encroachments in common areas.
Why Shoe Racks in Corridors Are Problematic
Although residents may place shoe racks for convenience, they can create several issues:
Obstruction of Passage
- Narrow corridors
- Difficulty in movement
- Obstruction during emergencies
Fire and Safety Hazard
- Wooden furniture increases fire risk
- Blocks evacuation routes
Hygiene and Cleanliness Issues
- Dust accumulation
- Bad odour
- Pest concerns
Aesthetic Concerns
- Uneven appearance of common areas
- Damage to walls and flooring
Can the Managing Committee Stop Such Encroachments?
Yes.
The managing committee can:
- Issue notices to members
- Direct removal of shoe racks and encroachments
- Impose penalties as per bye-laws
- Take action after due process
The committee has a duty to:
- Protect common areas
- Ensure free movement
- Maintain safety standards
Penalty for Encroachment
Bye-law 169 provides that:
- Any member found encroaching common areas:
- Must remove the encroachment
Further:
- The member may be required to pay:
- Five times the monthly maintenance charges
- For the duration of the encroachment
This is a substantial penalty intended to discourage misuse of society premises.
Procedure Society Should Follow
Before imposing penalties, the society should:
1. Issue Warning Notice
- Inform the member regarding violation
2. Provide Opportunity to Respond
- Natural justice must be followed
3. Pass Resolution if Necessary
- Committee/general body may approve action
4. Levy Penalty
- If violation continues
Can Temporary Placement Be Allowed?
Societies may allow:
- Temporary placement during shifting or cleaning
However:
- Permanent storage or construction in corridors is generally prohibited.
Importance of Fire Safety Compliance
Common corridors form part of:
- Emergency evacuation pathways
Encroachments may violate:
- Fire safety norms
- Municipal safety requirements
Housing societies must therefore maintain:
- Clear access routes
- Unobstructed passages
Conclusion
Residents cannot claim ownership or exclusive use of corridor spaces outside their flats. Corridors are common areas meant for all members and must remain obstruction-free. The managing committee has full authority under Bye-law 169 to prevent encroachments such as wooden shoe racks and may levy penalties on defaulting members after following due process.
