Can cooperative housing society legally sell balcony area


Can cooperative housing society legally sell balcony area to a flat owner for amount of money decided by the managing committe of society in the cooperative housing society after deciding in AGM?

 
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Lawyer

Whether the balcony was separately constructed or independent of flat area ?

Whether the balcony did not form part of original construction ?

Vague and confusing facts.

 

 
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Advocate

Please explain the points raised by the expert Dr.Vashista ji 

 
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Balcony was constructed with all the flats at the same time by the builder and then builder sold the flat to individual buyers. Now society wants to sell the balcony attached to the flat to the individual flat buyer

 
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Advocate

What is your issue? Don't you want to have balcony with your flat? In case the flat was sold excluding the balcony of ....sq.ft.!

 
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Advocate

You have not posted the material facts. If the whole flat is being sold, what is so special about the balcony?

 
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CEO

The society can not seperately sell balcony area which is an integral part of a flat premises. The society can not sell or let any part of open general area of the society building. The  AGM has no legal right to pass any resolution to override the rules laid down by the State authorities for co-operative housing societies.

 
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I brought the flat, it has a balcony. My agreement paper doesn't say anything about my balcony and it has no mention of my balcony in it. I tried to use it but committee members took objection. Secretary later told us if we want to use it. We can buy the balcony by paying the society amount equivalent to the area of the balcony as per current price of the market rate. He said he will raise this point in AGM and check if members are willing to sell that area to me. I don't want to buy, i want to use it as its the balcony on my flat. My question is can committee or society legally sell me that balcony. Do they have any such authority to do so or is it just a tactic to take money from me?

 
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Advocate

If you are in possession/occupation of the portion, there is no in which the Society can take possession except by following the due process of law.

 
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CEO

You have not made it clear whether the balcony has a seperate common entrance, if it has and if other members can enter the balcony without entering your flat then you can not claim any exclusive rights of its usage neither the society can sell it to you. If, however, the balcony forms an integral part of your flat and if it can be entered only through your flat then you have the right of its exclusive usage.


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