MOU on white paper between WC members and Propritor of Conmercial space within Residential Complex
Our G+4 apartment is residential but the ground floor garage spaces is being utilised for Comnercial purpose later after converting into it later since those areas was never used for garage.One outsider propritor has given the space to a Bank recently for running their Branch with covered area more or less 1300 sqft. On application of the Propritor ,the designated working commiittee members(3) of the Apartment's Association( not registered under Co-op rules) has given a vacant common space of the Apartment on rent to the Propritor for keeping a modern generator for the uses of the rented Bank ofcourse after the decision taken in their last AGM. A suitable memorundum of understanding(on white paper with several restrictive clauses) was also made with the Propritor of the space, which exclusively executed by the WC members and the Propritor. On the strength of the copy of that MOU ,the proposed Bank authority has started their internal decoration jobs like making chambers, vaults, installation of ACs etc. Now the problems are as follows:-
Few members (,not presented in the AGM) are resisting the Propritor to allow keeping the Generator on that agreed space and even strongly disallowing to fix the AC units (8 nos.) with some plea that the MOU was not signed by all the members ,there may be pollution from Generator,AC units etc. There is no alrernative spaces for Generator, AC units but to the agreed places. Now a giagantic problem has arised before the WC Members and the Propritor who has executed Agreement with the proposed Banking authority who has almost finished their inter structural jobs and demanding the allotted space for keeping the Generator as also to fix their external units on the outer wall of the first floor.
Under this circumstances the Propritor is pressing the WC members to arrange the decided space ,as agreed through the MOU and allowing the workmen to fix the AC units which are now being strongly oppossing by those members. A stalmet situation is persisting .Number of general meeting is taking places but in vain. If the Association disagree now the MOU ,executed on white paper, and refused to instal the modern Generator, AC units etc. the project will be jeopardized apparantly.
Please guide the WC members as what is to be done at this juncture and what legal steps are their on either part to solve the profound problem. Is their any rule that the if majority agrees in favour of the WC activities but only member disallow the MOU, the same will be invalid? What are the other ways to solve the peoblems.