Society

Since you are staying in a "co-operative" housing society, please take the society into confidence by discussing this with them. Please involve all or majority of the members and not only the managing committee.

Have you checked with the Municipal Corporation too ?

There is no problem in starting such a venture but please follow all legal requirements.

What is the location ?

S Jadhav

this is in mira bhayander. i hope that trouble comes up with tthe using of residential space for commercial reasons. how would the society matter to me? i cant base my vocation on the society whims.

You can choose any vocation but in a place where you are allowed by the local laws and also does not in general impinge on other rights. By using premises in a residential society without taking the co-operative society members ok is not right.

In fact, the local authorities do permit clinics and hospitals in a residential building(and you have to pay commercial rates and taxes for property and electricity, water, etc.) but you have take the NoC of the society and when I say NoC it is not just a piece of paper but where you ensure that the society members agree to your running the commercial venture by taking them into confidence and requesting their "Co-operation". Do not treat the society members as if they are insignifant.

I am worried that the way you have written about the society there may be issues due to the attitude betwen the society and your commercial venture.

S Jadhav

Sorry Mr. Jadhav, I sounded belligerent. This was because I was not getting enough co-operation from the society. They are claiming that this being residential flats cannot be be put to use for commercial purposes. When the society was registered the flats were not declared for commercial purpose by the builder and hence they are unwilling to provide me the NOC. I am trying to figure how to bypass the soceity completely and get the work done. I have all the paperwork ready to get the permission of the municipal corporation, fire officer etc to set the ball rolling. The main hindrance is a separate entrance for the hospital. Apart from the society NOC they are not allowing me exclusive use to a backside gate which the society uses for their bike parking. As per the Mah housing society bye laws if I can use the residential property for comercial purposes then I can have rights for getting a separate entrance and a separate tank. Also I would claim them under humanitarian grounds.

Thank you providing the details Michael.

I can understand that you must be frustrated and hence the tone.

But a co-operative housing society has the rigths to the common areas and the society has to decide its use, allotment of parking, etc.

As you have realised, you will require certain special favours from the society such as a separate entrance and separate infrastructure like a water tank, etc. If you were one of the other society members and another person would have come to ask you to give aay your rights like this would you have done so ?
 I think not.

Likewise, they have refused to provide you the NoC.

You may give something to the society for the loss of use of the gate and some parking area so that it could be a win-win situation. Maybe you can offer them that the use of the space will be only for the hospital purpose and the society can charge you rent for the same at commercial rates. You may also put in a clause stating that the society may ask you to return the space if you misuse it and you will renew the agreement periodically, say every ten years. You may offer concessional treatment to all the society members and their imemdiate families. There are many ways in which you can get what you want provided you are ready to share some of the benefits.

It is a commercial negotiation and you require to make the socity members feel happier if they allow you to run the hospital.

Of ocurse, even after offering the benefits, the society may feel that they do not wish to have a hospital in their building then you cannot do anything. To just highlight, there are many socieites where the managing committees carry out many unfair(to the society members) activities and get personal favours. Here seems to be an example wehre at least they do not appear to be doing so.

Wish you all the best for your negotiations.

The NoC from the society is a must for the permission to run the hospital by the local authorities and the permission has to renewed periodically and every time you will require the NoC fo the society and the inspection of the local authority to see that you have the necessary infrastructure.

S Jadhav