Cooperative housing society laws
Somnath Hingane
(Querist) 22 March 2013
This query is : Resolved
Dear Sir,
I am the secretary of a society in Pune.
3 years ago one gentleman purchased a flat in our society. Before transfer and purchasing he gave an undertaking that the flat would be used for residential purpose only.
But he is using the said flat for his office.( He say it is an NGO). There are about 5 employees working and also visitors. There is a lot of nuisance caused such as parking, loud noise, cigarette smoking etc.
Now, recently they have purchased another flat in our society and have started office there too. Society had objected in writing to the seller for sale of flat to the buyer , but still they proceeded with the registration.
My questions are as under,
1) Can a member start a office in a purely residential society? Even after he has given an undertaking. He has violated society laws.
2) Is an office allowed in purely residential society?
3) We had objected the seller of 2nd flat , he gave us a letter saying that he has taken necessary actions and then illegally sold the flat without NOC and knowledge of society. Has he not breached his own commitment and society laws?
4) We want to take actions against the erring member ( Office holders). Please suggest.
Regards,
ajay sethi
(Expert) 22 March 2013
dont transfer the second flat in favour of the purchaser . you need society permission before you cna purchase second flat in same soicety .
if flat is used as office complain to muncipal coproration . pass resolution in managing committee directing member to use prmsies for residentail use only . if he fails issue legal notice to member and then file case in cooperative court against said member
Raj Kumar Makkad
(Expert) 23 March 2013
You need to serve a legal notice to such member after passing a specific resolution against him and if desired results are not derive out of such notice then file a suit against him before Cooperative Court.
