Re: whether the Coperative. Housing society Administrator has necessary powers to permit the commercial activity within residential complex
I have a nursing home and clinic in a building.there are 2 more nursing homes and a pathology lab and 2 doctor's clinics in our building.My nursing home[medical]is on the 4th floor and I purchased it from the builder when the building was under construction,and the whole floor is according to the plan given by me.I also own my own lift,which i purchased from the builder and also bought space for placing a 25kva generator on the ground floor.[I have the purchase papers from the builder].there is a 2nd lift which is being used by the residents and other doctors and I am paying maintainace at commercial rates from the beginning as was fixed by the society at that time.So I have provision for transport of my patients so that the building residents are not haressed in any way.There are a couple of residents who are against me and want to take away my lift as general building lift because the 1 general lift which is there is not maintained properly and breaks down often,so the residents have to walk it up many times.My private lift stops only on the ground floor and 4th floor in my premises.I have the right to use the general lift also for which i am paying commercial rates of maintainance.The residents are now harassing all the doctors by passing a resolution that the patients cannot use the general lift.And they have decreased the commercial rates and brought them down to the residential rates of maintainance.though it does not affect me too much, the other doctors who are practising in the building are put at a lot of inconvinience.I am in the building since last 19 yrs and so are most other doctors.The residents are harassing our patients by scolding them and stopping them from using the general lift.What can we doctors do to protect our rights?Can they take my lift and generator room away from me[I have the necessary documents]?
Professional activites by Professionals- Common Misunderstanding
Originally Posted by Vincent_sq
As per the societies bye laws, residential complex cannot be used for commercial purpose. Unless there has been a resolution passed on to that effect by the Managing committee. Ask for the copy of society bye law booklet and look it up...!
In Our Housing Society There was an Architect who made full fledged office and bought premises as Residence. He was saying he is allowed to run his activities as he is PROFESSIONAL. Lost case in Mumbai High Court After defeat in Co-Operative Court. Court Ordered him to make house as it was as earlier. Entire Photography and Video shooting was done by court people. Later Other Doctor vacted his activites from society.
One more person had setup office in our residential society. He also lost case in Mumbai High Court.
Professionals are Not Allowed to run their activities in Residential Society after purchasing Flat as Residence.