Hi All,
I have a small query & advice needed from you.
I purchased a flat in Samartha Garden complex in Mumbai. The society is not yet formed. But, there a (proposed) committee of members. This complex has the facility of the Community Hall.
I have rented out my flat. But, I stay nearby & I want to use this community hall for my own function. Now, this committee is not allowing me to use this hall on the basis that the rule they framed is : only the people who reside in the complex (including tenants) will be able to use the facilities.
So, my question is: Am I legally allowed to use the facilities of the complex when I have rented out the flat? Is it against the Model By-laws?
Important points here are:
1. Society is not yet registered.
2. Builder has already taken 18 Months maintainance as advance & there are no non-occupation charges as of now.
3. I am suggesting them to give the first priority for Hall Booking to those who reside & second priority to owners who do not reside. But, they are not in agreement.
Do I hold the right as a owner to use the complex facilities when flat is rented out?
Please, suggest.
Thanks,
Satish
