Srikanth Nayak
Can anyone start flour mill in a housing society? Can any member object to it on the grounds of health problems and causing damage to structure of the building?
I stay in Thane , Maharashtra .
I C Naik
Flat is defined as per bye laws as under:
“Flat’ means a separate and self contained set of premises used or intended to be used for residence, or office, or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, or coaching classes, or palnaghar, beauty parlour, the premises forming part of a building and includes an apartment”.
So use of the flat for running a flour Mill is contemplated in the bye laws. But the definition is not enough to start a flour mill. Member has to comply with Bye Law 76 (a) and (b)
(a) The member, person/firm who had purchased the flat under an agreement under Section 4 of the Ownership Flats Act, or acquired interest in the flat on transfer of the same by existing member with the previous permission of the society, shall be deemed to have been allotted the same flat by the society subject to the terms and conditions set out in the letter of allotment in the prescribed form, issued to the member.
(b) No member of the society shall use that deemed to have been allotted to him under (a) above, for a purpose other than that mentioned in the letter of allotment, without the previous consent in writing of the Committee
Objection on health ground or a possible threat to structure or a nuisance to other members as the number of visitors to Society will go very high all are relevant subject to priority of complying with the above two bye laws.
