1) agreement is not valid
2) society should file application before cooperative court to set aside allotment of common areas by previous MC of the society
3) society should refuse to give NOC to members when they apply for loan
Allotment of common areas
In the Commercial Complex, where I am the Secretary , the previous Managing committee had alloted common space available within the complex to some of the members . Apparently they had passed it in their AGM in 2010 and an agreement of lease for 99 years was also given to the Members by the Society. No such records are available On complaints from other members the Municipal corporation had demolished the illegal shops twice, but they rebuild and start those shops again 1. If there exists such a lease agreement between the Society and some members, is it valid? 2. How should the society with a newly elected Committee proceed in this matter? As demolition devalues the complex in the market and that affects all the other members as well 3. Can the society hold back NOC to these members when they need for it for loan or other purposes?
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1. No common area can not be given on lease by the co-operative society but can be just given on rent.
2. The society can give those person a notice of eviction, and if they fail to abide by the notice you can go to the appropriate authority under the state co-operative society act.
3. yes the society.
Regards
1. Such a lease will not be valid, inasmuch spaces can be utilised only in accordance with sanctioned map of the complex. Thus, each inch of land within the premises of the complex has to be used in accordance with the use/type assigned to it in the approved map.
2. After passing a fresh resolution, you may send eviction notices to these unauthorized occupants.
3. Yes.
Needed a clarification. If a member has a legal shop and an alloted shop as mentioned earlier, and he needs an NOC for the legal shop, Can the society deny him NOC, as he is misusing the society common space areas?
Asked 7 years ago
I think you cannot deny him the NOC for his legal shop.
society cannot deny member NOC for the legal shop but can take legal proceedings for removal of encroachment on common areas of the society
Yes you can pass a resolution to this effect and deny and also ask him to first stop misusing the area and then only NOC can be provided.
Regards
1. The said agreement is totally illegal as common areas cannot be leased out.
2. The new society may move the cooperative court to seek a declaration that the allotment made by the previous MC is illegal and non binding on the new society.
3. The society can and should withhold the NOC to these members.
