ASHOK VAZE
(Querist) 25 April 2016
This query is : Resolved
Can General body meeting of society pass resolution about non allowing bachelors (male/female)in the society on leave n license basis and also not allowing any activity for commercial purposes(member or leave n license basis). PLEASE QUOTE RELEVANT BYE LAW NOS.
Guest
(Expert) 25 April 2016
I will restrict my ans. to only query whether residential flats can be used for commercial purpose or not in Co-operative society
1) When Building Plan is sanctioned under Development Control Rules under Maharashtra Regional Town Planning Act . That time each inch of plan is marked for definite purpose
2) Rooms are marked residential , if rooms are commercial then they are marked commercial , if shop then they are marked shop , etc.
3) Now to convert one residential which is approved in building plan to commercial without taking permission and changing plan is illegal
4) Society is owner of land building and structure (If Conveyance/deemed conveyance ) is over so society objection is valid for prohibiting residential to commercial.
5) Even Municipal tax under Maharashtra Municipal Corporation Act is calculated basis whether it is Residential /commercial /shop . Legal or Illegal
6) Your query regarding allowing bachelor or not I have limitation others will ans.
Rajendra K Goyal
(Expert) 27 April 2016
Academic query, state facts.
Hemant Agarwal
(Expert) 28 April 2016
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