Suhas Mahajan
Ours is a residential housing society in Pune, consists of 30 flats, registered in 2012. 4 of the flats are rented out for offices by the owner, who was also the landlord. One flat is being used for Panchkarma by owner himself. Promoter issued them NOC for change of use without taking any kind of permission from flat holders just before 15 days of society registration. Conveyance deed issue is lingering in the court for last 3 years.
Pl.guide us regarding these points.
1. Can members or society complains or file a case against Promoter for issuing the NOC for change of use without permission of members & asked for cancellation?
2. Can society file a complaint or case to co-op.dept.against these five professionals for not taking NOC from society even after they have got CHANGE OF USE, before society formation?
I C Naik
File RTI application in Civic body asking for documents evidencing use of flats in your society. Once you find that and confirmation of what you observed about these activities secretary should ask the member in writing for confirmation of the activities carried out. once you have both committee should resolve to expel the member after completing the formality including general body resolution as required under section 35 and Rules 28/29.