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sai krishna   23 June 2020

Gated community -club house

Dear Respected Forum

Ours is 1000 flats gated community, we have a clubhouse. Where builder had given amenities like gym, restaurant, Swimming pool, card room, even it was mentioned in the sale deed,  From last two years it's under Registered owners association -management committee. The restaurant place is ideal and none of the vendors ready to take it for rent due to various reasons. we {Managemnt committee }recently given that place to the convenience store vendor, for benefits of residents and rental income to society. 

The questions from the Residents.

1. Does the management committee have the right to give and convert restaurant place to Convenience stores?

2. Once the builder handed over the proper to Association, does association can take such decisions or not? 

3. Does it require General body approval? 

4. After general body approval also, does anyone can file the case on that store { for removing it} 

5. Bye-Laws says vendor management decisions will be taken by the Management Committee.  

Suggestion required. 

Thanks 

 



Learning

 3 Replies

G.L.N. Prasad (Retired employee.)     24 June 2020

It is always proper to have a permanent local advocate in the panel when you are 1000 flats gated community..  All the important decisions not according to the master plan/documents must be decided in the General Body meeting.   Such facilities are not money-spinning and for the benefit of the flat owners.  If you have published such tender/advertisement for restaurant and if no one comes forward, then this can be moved in Society GB and can be modified.  Please involve the Registrar of societies and take his guidance on important matters.

P. Venu (Advocate)     24 June 2020

If the Managing Committee is unsure of itself, it can get the decision ratified  by the GB. Admittedly decision to put the property to its best possible use and bonafide. No executive body can function unless it is allowed 'freedom at the joints'. And procedures neeed to be understood and interpreted purposively.

Dr J C Vashista (Advocate)     24 June 2020

You have posted same questionire in experts club also, read my response, opinion and advise there.


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