Merger of new wing in our existing society


24 November 2018

Dear Sir,
We have an existing society consisting of 2 Wings (A&B respectively) with 143 members. Now a third Wing (C wing) has been constructed and the developer has sent a letter to our society asking to merge the 82 members of C wing in our society. For the record there are some common amenities shared by the 3 Wings (Gymnasium, Garden, Terrace Garden). My query is.....can C wing be formed as a separate society as many of our members are against merging of C wing members with our society due to the fact that they have 3 lifts in their Wing compared to 2 lifts in A&B Wing? Is there are a rule to merge the C wing members to our society as many of the amenities are shared? Can we form a federation or Apex body to manage the common areas if required?
Thanks in advance for your response.

Sudhir Kumar (Expert)
24 November 2018

you cannot be forced to merge.

Dr J C Vashista (Expert)
25 November 2018

Whether the developer has sought plan / drawing sanctioned by authorities concerned, please check ?
Which state/city the property/society is located ?
Whether the premises of Society consisting of A & B Wing is a Co-operative or any other type of Society ?
Incomplete information can not lead to form an opinion and oblige.
It would be appropriate / better to consult a local prudent lawyer for proper analyses of facts / documents, guidance and proceeding.

Shailendra M. Deshpande (Expert)
25 November 2018

Agree with Expert Dr. J C Vashista. If builder has already sanctioned 3 wings and having common entry, exit and amenities, then all wings became part of single entity. Hence checking of approved plan is crucial.Just because of C wing has 3 lifts, can't be ground of non-merging as Those members are going to utilise same premises and amenities.

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