They can be part of federation of the complex
2) society can permit residents of MHADA building to avail facilities on being admitted as member of the club house
3) society can determine membership fees payable by new members
MHADA building in the Society
We are a 30 year old society complex of about 16 buidings. There is a MHADA building constructed by the builder in the same complex. There is a seperate entrance to the building, other than the 2 main entrances to the complex Can the residents of the MHADA building avail all the facilities of the complex like club house, swimming pool etc? Have they paid any corpus at the time of taking over the flat? Can they be part of the Federation of the complex?
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
1. Membership of a Society or Federation or Association is ALWAYS "voluntary" and not compulsory.
2. By virtue of the above logic, the MHADA society having a separate entrance may be kept out of the Federation and hence denied ANY facility that maybe available to other Societies in the Complex.
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- Yes, the society can give the said facilities to the building residents after charging the maintenance from them.
If the builder had merged the MHADA building along with other buildings of the complex then they would be entitled to all the amenities that have been enjoyed by the other members of the complex.
However this would not render justice to the existing members to annex the MHADA to the complex for the purpose of availing the common amenities at par with other members.
The other building members can very well object to the inclusion of the MHADA members into their complex common facilities/amenities.
The association of the complex has an answer to this problem, you may enquire with the president or secretary and confirm the position and then raise objections along with other like minded members.
1. The MHADA building residents cannot avail the facilities of the complex unless the complex association permits them.
2. They can be made part of the federation of complex.
It depends on the scheme of the development. Your society is not bound to share the facility unless the same is not on mhada land
