Clubhouse-gated community
Querist :
Anonymous
(Querist) 23 June 2020
This query is : Resolved
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
Raj Kumar Makkad
(Expert) 23 June 2020
1. Yes. As per RERA after handing over the project to the association by the builder/promoter, it is the sole right of the association to take such decision at its own end.
2. Yes, your second question is actually repetition of first one.
3. It depends upon the bye-laws of the society/association.
4. Right to file a civil suit cannot be restricted by anybody. This is a constitutional right which cannot be curtailed by association or any other body but why to take that issue so seriously when the association is not going to take any illegal action?
5. My reply is also in that direction. Now association acquires the role of the management.
Dr J C Vashista
(Expert) 24 June 2020
1 ot 3. It is an association of owners (or residents) formed after adopting Memorendum of Association and Articles of Association, which provided the powers, functions, action to be taken by Managing Committee besides procedure to amend it, whether it contains the provision to change its utility. What is sanctioned qua restorant or convieneint store in the plan sanctioned by competent (municipal or development) authority and change of usage, if so, how, when, whom and other questions are replied or not ?.
4. Anyone can move to Court, no one can stop.
5. Check it from Bye-Laws.
P. Venu
(Expert) 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 hence, bona fide. No executive body can function unless it is allowed 'freedom at the joints'. And procedures need to be understood and interpreted purposively.
Rajendra K Goyal
(Expert) 24 June 2020
Query:
1. Does the management committee have the right to give and convert restaurant place to Convenience stores?
Reply:
Can proceed provided byelaws of the society, conditions of OC, completion certificate, project approved plan so permit. Resolution from General body required.
Query:
2. Once the builder handed over the proper to Association, does association can take such decisions or not?
Reply:
Subject to the provisions of building plan, OC and completion certificate after General Body resolution.
Rajendra K Goyal
(Expert) 24 June 2020
Query:
3. Does it require General body approval?
Reply:
Yes, if it is in order in other respect.
Query:
4. After general body approval also, does anyone can file the case on that store { for removing it}
Reply:
Yes, it can be filed.
Rajendra K Goyal
(Expert) 24 June 2020
Query:
5. Bye-Laws says vendor management decisions will be taken by the Management Committee.
Reply:
Decision should be within the framework of building plan / byelaws etc.
