Ground plus three floors Co-operative Society in Pune built in 1982. Each floor has three flats. Terraces sold to top floor flats during construction. There is no access to terraces through the top floor flats
- Out of the three one top floor flat sold to new buyer and that terrace was open to all members
- Remaining two terraces are always locked by the respective two top floor flat members and the members are hesitant to open the same even for Water Storage repairs etc
- The two members who became members by buying the same from original owners claim that they are owners of the terrace and have agreement to that extent and say that other members do not understand law
- The two members are not co-opeartive & are a big nuisance and always delay in payment of society dues. Unluckily one member is the Secretary only for namesake and has not carried any functions of the Society per the By Laws
Advice Required
Can the society file a case against the members and claim back the terraces? If yes in which Court? What if in the agreement the members have includes the terrace ownership? Is there a solution?
Need your advice for way forward
