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Shivam Pandey   09 February 2016

Utilizing the common area in a cooperative society

Sir/ Maam,

I am a member of  a cooperative society. I , along with some other people decided to use an unoccupied common flat for indoor sports such as table tennis, carom, etc. The flat remains empty  and is a propoerty of the society, not an individual. We took consents from most parents and they are in support of the initiative. But the occupant in the adjacent flat is against such use. And there are 3 other occupants adjacent to the unoccupied flat who are okay with this activity.

I want to ask whether a member has a right to stop a majority from using the common area of the society fr the benefit of the society.

The reason put forward by the occupant is that his children are disturbed by the noise in the adjacent room.While every other flat has an adjacent flat that is occupied, the dissenting occupent has that common( and empty) flat adjacent to his  flat.

Taking that argument further, anyone can raise a finger on his/her neighbour and ask him to leave because his children cannot study because of the noise.

Do i have the right to use the area if i take the consent of say 31 out of the 60 flats.


 2 Replies

Hemant Agarwal ( Mumbai : 9820174108)     10 February 2016

1.  The "common flat" that you refer to is known as "refuge area" which in turn is a common space for emergency usage under the DC Rules, the MMC Act and the Fire Act.  
"ANY"  usage of the "refuge area",  "in any manner" is a prosecutable and punishable offence under the MRTP Act.

2.  Obtaining consent of even 99% members /occupants of the Society for usage of the "refuge area", in any form, is null & invalid, and is an offence, under the abovementioned acts.

Keep Smiling .... Hemant Agarwal
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SteveGarduno   31 December 2022

A common area is a place where the members of a cooperative society can socialize and interact with one another. It is also a place where members can enjoy their leisure time . Must check 먹튀검증사이트 to get more info about games and sports. In cooperative housing, the common areas are shared by all residents and are used for many different things.

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