Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Hemali   10 June 2023

Badminton court proposal in common garden area shared by 4 societies

hello sir/madam.

our society has 33 flats (with builder: 9 , sold : 22)

from 22 flats, 11 are occupied by owners themselves and rest are rented/vacant

In the Committee group the promoters are holding positions of treasurer and chairman (and also have 9 flats).

there's a proposal to build cemented badminton court in garden area of society. Out of the owner resident flats, 8/11 flats do not want this badminton court to be built on the natural garden area whereas the rest of the resident flats (3/11) want the same to be done. These 3 includes the secretary as well. 

QUESTION 1 :-  The builder is for the motion and as he has 9 flats - will he get 9 votes ?

The secretary (resident owner) is also for the motion and suggests that majority opinion should be taken for the same. However, the majority opinion will certainly favor the building of the badminton court. The majority of owner resident flats is against the motion. 

Also, this natural garden area belongs to 4 societies including ours. However, their consent to make this court has not been taken. 

QUESTION 2 :- Is this an unauthorized construction? If yes, can we (against the motion) take an action against the society members for this unauthorized construction? 

QUESTION 3 :- Assuming that consent has been taken, is this type of construction authorized/allowed or unauthorized/disallowed? 


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

1. If this area belongs to all the 4 societies then the consent of the other societies are to be obtained, this society's mandate alone is not enough.

2. If this construction is not part of the apoporoved plan then this can be considered as an unauthorised construction.

You can lodge a complaint with the registrar of cooperative socieities to inquire and pass a stay order or can approach the local civic body to restrain the society from constructing the proposed the illegal badminton ground in the common area against the approved plan.

3. You can vent out your grievances and get them redressed by adopting one of the above measures suggested above.

1 Like

Hemali   11 June 2023

Thankyou so much sir. Really apppreciate .

T. Kalaiselvan, Advocate (Advocate)     11 June 2023

You are welome for your appreciations 

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register