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?