I am residing in a residential co-operative Housing Society at Vadodara, Gujarat.
Few members of the committee wants that the share-holders having their shops in the complex should be separated from the general administration, management, maintenance, etc. and they should manage their own affairs.
We have one common L-shape huge, 16 years old building structure, 4 Wings,10 floors each, around 152 residential flats,parking facility, a beautiful garden, small swimming pool, 24×7 security and 26 shops at the ground floor level, facing the road sides. Residential area and shopping area have absolutely isolated entries and approaches.
Sir
– Is it possible, if yes, then how to go about this?
-what model is both beneficial and practical for all the share-holders?
I know this for sure that, this is a common burning issue throughout the country and not just with us in Gujarat.
I hope to receive your guidance and some practical solutions for all of us. This would help make co-operative movement better, stronger, lawful and effective.
Best regards.
Dipak S. Sheth
D-901,’Nisarg’ Complex, Diwalipura, Vadodara – 390007,
I C Naik
Splitting of Housing Societies is not unthinkable and Society law also facilitates the same.
But it is not enough to have isolated entries and approaches for residential area and shopping areas.
Two physically separable clusters can reorganize and re-register as two distinct societies provided in every respect.
The two clusters can thereafter pursue their respective objects without any interruption from one cluster to another.
The common physical resources concerning power, water, drainage, lifts, passages all must be identified for each cluster and made accessible plus manageable to and by each one of them-independently without the need for approval of another.
If this is accepted by the 2/3 majority members of both the clusters what remains is a procedural obligation.