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meera (chairman)     18 January 2014

Change of user

Dear all

Administrator gave the permission to member for change of user residential to professional during his tenure. When newly elected committee took the charge from administrator and came to know about the permission from member himself, the committee sent the letters to various authorities objecting about the permission given by administrator in his own capacity .The Coop dept Mantralaya has instructed the relevant authority to act upon the complaint of society.

Now the member has sought the permission to sublet his flat as professional office. The society has denied it on the ground that there is a instruction from Coop dept Mantralaya and the relavant action is pending. There is also a doubt whether the member can sublet his flat for professional use completely when the  sublety also  is not staying in the flat.Administrator gave the permission to member for change of user residential to professional during his tenure. When newly elected committee took the charge from administrator and came to know about the permission from member himself, the committee sent the letters to various authorities objecting about the permission given by administrator in his own capacity .The Coop dept Mantralaya has instructed the relevant authority to act upon the complaint of society.

Now the member has sought the permission to sublet his flat as professional office. The society has denied it on the ground that there is a instruction from Coop dept Mantralaya and the relavant action is pending. There is also a doubt whether the member can sublet his flat for professional use completely when the  sublety also  is not staying in the flat.Administrator gave the permission to member for change of user residential to professional during his tenure. When newly elected committee took the charge from administrator and came to know about the permission from member himself, the committee sent the letters to various authorities objecting about the permission given by administrator in his own capacity .The Coop dept Mantralaya has instructed the relevant authority to act upon the complaint of society.

Now the member has sought the permission to sublet his flat as professional office. The society has denied it on the ground that there is a instruction from Coop dept Mantralaya and the relavant action is pending. There is also a doubt whether the member can sublet his flat for professional use completely when the  sublety also  is not staying in the flat.



Learning

 3 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 January 2014

Only a duly elected Managing Committee can give permission for change of user. An Administrator appointed by the Registrar's Office can only perform the routine administration of the Society during the interim period before a new Managing Committee is elected. The permission given by the Administrator is null and void. After taking over charge after election the new Managing Committee should have directly served notice on the concerned Member to revert the user to the original one, giving time for the change over back. If he does not comply,  the Society will have to go to the Co-operative court.

Change of user will require permission of the Municipality also. Municipality will increase the tax for change from residential to professional use. Has he got permission from the Municipality? Have they increased the tax? Which profession has he changed the user to? On which floor is the flat?

If the Society does not know whether he has got the permission from the Municipality, they should find out from the Member concerned or if he doesn't disclose, from the Municipality through RTI. If the Municipality has not yet given permission, the Society should immediately give notice to Municipality not to give the permission.

The procedure chosen by the Society is only a waste of time.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 January 2014

Where in India is your Society?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2014

If your Society is in Maharashtra the following will apply

Under Section 78 of the Act the administrator will have all the powers which a Managing Committee would have had. But there is no law which says that the Managing Committee will have the power to give permission for change of user. Hence only the General Body has the power to give such permission.


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