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Lata (trainer)     20 June 2016

Converting a residential flat into commercial

Hello 

I am residing in a Co-op hsg society on the ground floor. The premise is in the prime marktet area.

Most of the buildings have commercial shops on the ground floor facing the main road and at least 2 residential flats on ground floor.

My flat on ground floor is residentail. The society has elevated the gorund deliberately to create a need to start the staircase directly from first floor and not from ground floor. This will reduce the price of my flat by 25 lacs because no one will buy a flat which is isolated from rest of the building.

In the forth coming AGM, the society is going to pass the decision to start the staircase directly from first floor and not from ground floor. I therefore have sent them a legal notice but they are least  and bothered. and saying that majority wins.

But the area of concern is my flat will not be having any value as a residential property because it will get isolated from the rest of the building. Nor will it be of commercial value because legally it is residential in nature. 

I have informed the Building proposal department through 2 or 3 letters but they are not responding.

How do I convert this flat into commercial once the society creates a staircase directly from first floor . The society is about to implement this decision without taking any permission from Building Proposal department.

 

Please share your inputs on this 

 

Lata L Bhambwani

 

 



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     20 June 2016

The society byelaw amendement is the only way to achieve your purpose.


(Guest)

Dear Lata,

 

It is not the majority only can win, but local laws have also to be taken care of. Please be aware, socieites are not exempt from complying local body bylaws, like building byelaws of the municipal corporation's or the development authority, even if the society amends its own byelaws by majority vote. So, you may better check if local laws are infringed and bring that to the notice of the concerned authorities, besides taking up appropriately with the Registrar of Societies, if registered with the Registrar.

 

SUPER SPECIALTY SERVICES FOUNDATION (INDIA)

 


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