Construction of additional flats in an existing cooperative housing society Construction of additional flats in an existing cooperative housing society

1 month ago

I am a member of a cooperative housing society in kolkata.
We have a spare land in our premises jointly own by its members.
Can our board constract some additional flats in that area with an aim of including more members?
Is NOC is require from all its members for such construction, on this land jointly own by all?
Also can RCS permits inclusion of additional members over the approved strength in an existing cooperative housing society?

Request for legal advice pertaining to above matter from honourable advocate please.

Regards

Anik

Responded 1 month ago

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A.Dear Client,

If you're considering a new construction project for your society and it is duly registered, you may want to consult with a lawyer specializing in real estate matters. In the context of a registered society, it's mentioned that there might not be a requirement for the consent of all members to proceed with the new construction project.

It's crucial to seek legal advice to ensure that you are well-informed about the legal requirements, regulations, and procedures involved in initiating a new construction project for your society. A lawyer with expertise in real estate can provide guidance on the legal aspects, potential challenges, and the proper course of action to take.

When contacting a lawyer, be prepared to provide relevant details about your society, the proposed construction project, and any specific concerns or questions you may have. The lawyer can then offer tailored advice based on the specifics of your situation and applicable laws and regulations.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
A unanimous resolution of the governing body of the Society specifying therein the source of finance/fund in a duly convened meeting following the provision of bylaws of the Society based on a 2/3rd majority of votes is required to construct flats in additional land that belongs to the Society. The said resolution is required to be sent to the Registrar of the Cooperative Housing Societies for necessary approval and on receipt of approval of RCS, approval of the building plan is to be obtained from the concerned Municipal Authority, and on receipt of approved building plan, Society can seek quotations from the registered builders for construction of the additional flats in the said land of the society.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
You may contact lawyer who is dealing in Real Estate matters. If your Society is duly registered then there is no need of consent of all the members to go with the new project of construction.

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