Housing society and their members rights

Guest (Querist) 12 December 2013 This query is : Resolved
To Raise funds by way of Corpus, can housing society sale Stilt/parking area, rights on recreation ground and basement to the Developer by passing a majority resolution in the General body meeting? Is this legal?

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ajay sethi (Expert) 12 December 2013
society can as provided in bye laws sell parking slots to members . as far as recreation ground is concerned it is for benefit of all members society cannot sell rights on ground without consent of members . you can challenge sale of basement / right on recreation ground in cooperative court if you are aggrieved by decision taken by society

Guest (Querist) 12 December 2013
Thanks a lot sir..

ajay sethi (Expert) 12 December 2013
thanks for your appreciation

Rajendra K Goyal (Expert) 12 December 2013
Well advised, no room to enter.

V R SHROFF (Expert) 12 December 2013
Well advised,

Raj Kumar Makkad (Expert) 12 December 2013
Parking slots and other common spaces cannot be sold by society as per judgment passed by Hon'ble Supreme court of India.

M V Gupta (Expert) 17 December 2013
Undoubtedly as per the SC judgment stilt and open parking areas and other common areas of the Society cannot be transferred or sold even to members. But the Society can allot the parking spaces and the basement areas to various members subject to conditions imposed by the GB. In some Societies a lump sum amount is prescribed for allotment as and by way of security amount which is interest free.

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