Housing society related issue

Suresh Chekkala (Querist) 14 January 2022 This query is : Resolved
Hello Sir/Madam,

This is regarding our housing society. We have 4 shops in our society and recently one shop (builders) was sold to the customer. We were not aware of it as a Chairperson. Later we got to know that the buyer is going to open a chicken shop in our society which we have an objection in our society. As a buyer or a new owner he didn't consult for anything to the society's chairperson/secretary. We have issued a notice to the shop owner that we have an objection of chicken shop. Irrespective of it he is continuing his interior work in shop and illegally he took water and drainage connections which are supposed to be domestic purpose.

In this case how can we stop this to not open a chicken shop in our society.

Please provide a suggestion for next steps.

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Quick Summary

A housing society chairperson is seeking advice on how to prevent a new shop owner from opening a chicken shop, as it was not discussed with the society and they have illegally taken water and drainage connections. While the society is registered and has majority support to object, the advice received suggests that objections must be legally sustainable, not just based on resident preference. Further steps involve checking the State Cooperative Societies Act for specific prohibitions and potentially involving the Dy. Registrar of Coop. Housing Society/RERA.

kavksatyanarayana (Expert) 14 January 2022
If your society is registered, then an AGM may be called for inviting the shop owner, the majority of members do not agree to continue the chicken shop, then you can object to him and issue notice to the builder making a copy of Dy.Registrar of Coop.Housing Society/RERA.

P. Venu (Expert) 15 January 2022
Why objection? Has it the approval of the General Body?

Dr J C Vashista (Expert) 16 January 2022
What is the type of Society viz; cooperative society or RWA or any other as law applicable to them is different ?

Suresh Chekkala (Querist) 16 January 2022
Thank you all for the reply. It is registered under cooperative housing society. And we have a majority to oppose the chicken shop in our premises.
If we submit a notice in Dy. Registrar, how many days will it take to take an action on the sho?

Dr J C Vashista (Expert) 17 January 2022
Whether a chicken shop is permissible in CHS as per (any) State Cooperative Societies Act ? No.

P. Venu (Expert) 20 January 2022
Opening or functioning chicken shop cannot opposed because of the whims and facies of the residents, even if they are in majority. There need to be more substantial grounds which are legally sustainable.

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