We have One Co-op Credit Society in a Housing Society at Bandra, Total Flat in Society 48.
Credit Society holds a Flat No. 101 on first Floor which was officially purchased in 1999 in Credit Society name and is running Credit Society activities. Credit Society is registered as per Act.
Now 17 years has passed there was no issue. Now a few members are objecting not to run Commercial activities in Flat. Can credit Society stop activities on such objection? Since this is no Profit No loss organization as per our understanding
Sir please guide us.
I C Naik
“User” of a flat is regulated by the Civic Authorities, through Development control Rules and Building Permission given to the builder under MOFA.
As far as Bye-Laws are concerned every flat purchaser has been issued Allotment Letter in Form 12 (Attached to model Bye-Laws 2001: if proposed by your builder forregistrtion). This letter has a para 5 stating the purpose for which the flat is to be used. Application made by member to admit as a member has an undertaking clause to the effect that user of the flat will not be changed without prior approval of the Committee.
So there is no answer to this question outside the above. Please look in to these documents to find if Credit Society as a member was entitled to use the flat for carrying out its objects which the society has communicated to the society.