Functioning of a secretary of a chs

Querist : Anonymous (Querist) 08 November 2011 This query is : Resolved
Sir I am a Secretary, Resident member of a registered Co-Op Housing Society which is Two years old . The plot on which the society stands is in a residential zone the C.C and the O.C as well as the declaration given by the builder are all for residential purpose. The plot belonged to me and I had entered into a Development Agreement with the Developer.As the conveyance is not done I still am the owner. The builder has sold 18 flats out of 25 to commercial users some of whom have obtained Shop and Establishments License though no change of user has been done. 04 in no Flats have been sold in company names.The only resident members are me my brother and my old Tenants. The managing committee is provisional as it is the first year. Some members have given letters to me saying that the developer has alloted them the parking space. Under these circumstances how should I as a secretary function. What remedies do i have to stop the illegal commercial usage

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ajay sethi (Expert) 08 November 2011
how is the assessment done by muncipal corporation?

is it residential or commercial?

in many cooperative societies some shops are on the ground floor which are assessed by muncipal corporation as commercial .

cross check with local muncipal corporation

Shonee Kapoor (Expert) 08 November 2011
Mr. Sethi is the right person for this query.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 08 November 2011
Sir
The Assessment is done commercial but the Municipal Dept is saying we are levying only on the basis of physical inspection we have not granted any commercial permission. My concern is can the Shop and Establishments License be given in a 100% residential premises. As mentioned earlier the C.C, O.C is for residential purpose, but the purchasers have converted the whole fifth and sixth floor into commercial, How do I as a Secretary levy the maintenance charge

ajay sethi (Expert) 08 November 2011
if occupation certificate is given for residential purposes how has5th floor / 6th floor being used for commercial purposes.

if muncipal corporation has not granted permission for commercial purpses obtain such a letter from corporation in writing .

conversion appears to be illegal . check whether building has been completed as per sanctioned plans .

you issue legal notice to builder ponting out that OC is for residentail purpses , no permission has been obtained from muncipal cororation use as commercial purposes

Querist : Anonymous (Querist) 12 November 2011
Sir

The building has been constructed as per plan and the developer is saying that he has sold the flats for residential purpose only and that the purchasers are using for commercial purpose. Since society has been formed he says it is now the responsibility of the committee to do as it wishes. What legal action can I take against the erring members

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