By Adv. Vinod Sampat
a) Formation of Co-operative Housing Society
Practically every developer has to form a Co-operative Housing Society at one point of time or another. With the limited amount of options available with regard to management of the affairs of the building i.e. (a) Condominium (b) Private Limited Company and (c) Co-operative Society, (excluding the unrealistic rental housing), it will not be an exaggeration to state that in atleast 90% cases particularly in Mumbai the Promoters and/or the Builders have formed a Co-operative Housing Society. The basic requirements for Registration of Co-operative Housing Society normally is not known to the flat purchasers. It is here that apart from the statutory obligations cast upon the builder, the builder as a friend, philosopher and guide of promoters helps in forming a Co-operative Housing Society.
There are basically four types of Co-operative Housing Societies connected with the housing.
(a) Open Plot Societies
(b) Flat Owners Societies
(c) Tenant Societies
(d) Housing Board Societies.
In Open Plot Societies, members purchase or take one lease a plot of land and themselves construct the building. Due to bureaucratic formalities and lack of specialised knowledge, a few societies are formed under the head of open Plot Societies. When a builder constructs flats and sells them to Flat Owners, the Society when formed is called Flat Owner’s Society. When Landlord forms a Society of tenants, it is called Tenants Society. When a Society is formed by Allottees of flats and building is constructed by the Housing Board Authorities, i.e. Mumbai Housing and Development Board, then the Society so formed is of the type of Housing Board Society. The procedure that should be followed for formation of societies of the above said types is different for different types of Societies. Members who wish to form Co-operative Housing Societies are generally ignorant of the procedural aspects and as a result of the same they have to run from place to place and get entangled in bureaucratic delays.
The procedure for Registration of a society begins with electing a Chief Promoter in a meeting of the Promoter. The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer/flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting given at least 14 days notice to the Promoters. In this meeting, a Chief Promoter is elected who can exercise such powers and carry out such functions as are mentioned in the minutes of the Promoters of the proposed Co-operative Society. After electing the Chief Promoter, the proposed name of the society has to be decided by the Promoters.
Normally, the name reservation proposal should be accompanied with the signature of atleast 10 Promoters who have attended the meeting. It is a common belief that the Society should consist of atleast 10 members. If the number is less than 10 then special permission from Governmetn has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach number of 10. It would be of interest to note that the model byelaws define flat as a ‘Flat means a separate set and self-contained set of premises used or intended to be used or intended to be used for residence, or office or show-room, or shop, or godown and includes a garage, or dispensary, or consulting room, or clinic, or flour mill, the premises forming part of a building and includes an apartment’. On allotment of name and permission to open a bank account by the Registrar, the Chief Promoter has to collect Share Capital, Entrance Fees from promoters and deposit the same in the branch of the bank permitted by the Registrar. It should be noted that the amount cannot be withdrawn from the Bank till the Society is Registered or its Registration is refused, except with prior written permission of the Registrar. The Chief Promoter should submit Registration Proposal to the Registering Authority within a period of 3 months from the date of issue of Letter of Reservation in the name of the proposed Society. The documents that are normally to be submitted to the Registering Authorities are as under :-
1. Application for registration of Society in Form A along with Statement A. Enclosure to application for Registration as per Rule 4(1) of Maharashtra Co-operative Societies Rules, 1961.
2. Information about proposed society in Statement ‘B’ (vide Govt. Circular dated 2-5-1980).
3. Information about promoter members of the proposed society in Statement ‘C’ (vide Govt. Circular dt. 2-5-1980).
4. A Statement of Accounts as per Form D.
5. Model Bye-laws.
6. Bank Balance Certificate.
7. R.B.I. / Treasury Challan for payment of Registration Fee of Rs. 500/-.
8. Title Clearance Certificate from an Advocate
9. A true copy of the approved Building Plan.
10. Letter of Authority Granting permission to commence construction work/Completion Certificate (if applicable).
11. Affidavit on Rs. 20/- Stamp Paper from atleast 10 promoter members to the effect that they are residing in the area of operation of the Society (Proposed), made before a Competent Authority.
12. Affidavit from the Chief Promoter on Stamp Paper of Rs. 20/- executed before the Competent Authority in form ‘Y’.
13. Certified True Copy of agreement made on Stamp paper and registered between the builder, promoter and purchasers of flat.
14. Where the promoter members are firms/ companies, a letter of authority from such firms/companies authorising the promoter to sign on behalf of firm/company.
15. In case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal.
It is the duty of the Registrar to register the society and on registration of the society it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society. It may be of interest to note that in a co-operative society the principle is one member one vote. In a co-operative society the right to be exercised in the general body meeting is a personal right. This is one of the reasons why even a person holding a power of attorney cannot attend the general body meeting of the society. THE quantum of the capital being introduced by the member is not of much importance. Preference should be given for formation of a private limited company if one member propose to acquire majority of the flats in the building.
b) Stamp duty
Present rates of stamp duty for residential premises in the city of Mumbai are RS. 38,750/- on Rs. 10,00,000/-. Thereafter it is @ 8% for the additional value. The rate of stamp duty for shops/Galas/office Premises and Garage even if used for car parking is 10% in Mumbai Stamp duty has to be paid on the agreement Value or the market value of the property whichever is higher. Stamp duty has to be paid every time the flat is being sold. Stamp duty has to be paid even if it is a transfer within family. If the authorities are demanding more stamp duty than the agreement value then a representation should be made to the authorities emphasising the below mentioned points (as may be applicable)
(a) Possession of the premises will be acquired at a later date. (10% reduction in the market value is normally given by the town planners if possession is not given to the purchaser at the time of execution of the agreement)
(b) The duty has to paid on built up are and not super built up area.
(c) If payments have been made in say 1995 and the agreement has been executed in 1998 then the market value of the year 1995 has to be taken as per the principles of Land Acquisition Act.
(d) There are reductions in the market value if the size of the shop is big.
(e) The area is lacking in infrastructural facilities.
(f) There is a defect in the title of the property and therefore, market value will also be reduced.
(g) The officer should be told to inspect the premises and the only the market value should be fixed.
Inspite of a fall in the property prices in the last few years the market value as mentioned in ready reckoner by government has increased by more than 50%. Earlier, for old buildings, land plus construction cost method of valuation was followed by many officers. On account of the different systems of valuations the stamp duty liability could differ substantially as can be seen from the following example.
As per land plus construction cost system of valuation for a commercial property in a building which is six years old situated at A-ward Sr. No. 4(a) (i.e. Madam Cama Road) the market value would be (land cost Rs. 4,200 + 50% Rs. 2,100/- for commercial and Rs. 250/- for construction) Rs. 6,550/-. However as per another system the same would work out for the same year to (Rs. 14,000/- less 20% depreciation) Rs. 11,200/-. For the same premises for the year 1998 the market value would be (Rs. 28,750/- less depreciation 5%) Rs. 27,312/-. Presently, land plus construction cost system of valuation has been stopped. Secondly the market value per sq.foot has been increased and thirdly the quantum of depreciation given for old buildings has been reduced thereby.
At times, it is advisable to file an appeal. The benefit of filing an appeal as per the provisions of the Bombay Stamp Act 1958 is that as of date one can file an appeal without paying any amount as stamp duty. Only a sum of Rs. 300/- has to be paid as appeal fees. The recurring amnesty schemes being introduced by the government helps the duty payers in paying the amount at a later date. As of date the penalty irrespective of the period of default is just 2% per month till the time the appeal has been finalised. The prevailing market value for the year 1999 as is being planned for the city of Mumbai is almost same as in 1998. Marginal relief is given in some of the suburban areas. The recovery figures from stamp duty and registration for the last few years for the state of Maharashtra are as under :
Year Amount in Crores
1990-91 293.93
1990-92 363.56
1990-93 478.12
1990-94 613.08
1990-95 1,157.60
1990-96 1,239.97
1990-97 1,305.17
1990-98 1,658.53
c) Registration of Documents
d) There is a proposal to simplify the Indian Stamp Act & the Indian Registration Act. With the introduction of computers in the stamp offices, the recovery notices are being received faster b the stamp duty payers. AS per section 17 of the Indian Registration Act 1908, if the value of immovable property exceeds RS. 100/- if subject to the exemptions if any right is proposed to be created or extinguished then the instrument has got to be compulsorily registered. The documents has to be registered. The documents has to be registered within a period of fours months from the date of its execution. The parties can go to the office of the Joint Sub-Registrar individually /collectively to register the document. If for certain reasons the parties cannot attend the office of the sub- Registrar within a period of the four months then in such cases the parties can execute a deed of confirmation and complete the registration formalities. The parties should carry their voter card/ passport along with the Alternately, they will have to ensure that two witnesses accompany the. Th registration fee is 1% of the market value of property or Rs. 20,000/- whichever is less. If the value of the document exceeds Rs. 5,00,000/- and the possession has been parted then in such cases the Joint Sub-Registrar can insist for Income Tax Clearance Certificate of the Vendors. It may be emphasised that the courts have held that if the confirming Party has not received financial consideration then in such circumstances the income Tax Clearance Certificate of the Confirming Party cannot be insisted upon by the Joint Sub-registrar. The reasons for the parties not getting back their original documents are
(a) not paying the stamp duty on market value of property
(b) not submitting the Income Tax Clearance Certificate
(c) not submitting the ULC Clearance and
(d) one of the parties not going to the Sub-Registrar’s office to register the document.
After completion of the abovesaid formalities the documents gets indexed. Earlier after indexing the documents used to go to Pune for microcilming. Now the documents are handed over much faster. As per the government guidelines, if all the formalities are completed then the documents should be returned to the parties as far as possible within a period of fifteen days. As far as possible the parties should insist for the certified true copy of the document. THE same is available on payment of a nominal fee after the document has been indexed. It may be of interest to note that the parties can register as many copies of the agreement as they desire with the Joint Sub-Registrar. The documents have to be registered with the Joint Sub-Registrar of Assurances in whose jurisdiction the property is situated. If there is a document for exchange of property then the document can be registered with any of the Joint Sub-Registrars who is entitled to register the document. Apart from the same, for a property situated anywhere in India the same can be registered at any of the four metro offices (i.e., Bombay, Delhi, Calcutta and Madras) of the Joint Sub-Registrar. If a Joint Sub-Registrar refuses to register the documents then the aggrieved party has a right to appeal against such a decision. If one of the parties has not remained present for registration then the aggrieved party can request the Joint Sub-Registrar to issue a summons to ensure that the party attends the Joint Sub-Registrar’s office.
A question that is regularly asked by the person purchasing the property is what is the time limit within which the authorities can recover stamp duty. If an individual had paid the adjudication fee and also paid stamp duty as demanded by the stamp authorities, whether the same is binding upon the department? Well, as per the provisions of the stamp Act even if an individual had adjudicated the document and had also paid the stamp duty as demanded by the authorities then also as per section 53 A, the said matter could be reopened by the authorities within a period of six years. If one has lodged the document for registration without getting the same adjudicated then the authorities can reopen the same at any point of time. As per law as it stands today as per section 32A(5) of the Bombay Stamp act 1958, the time lag is eight years since the date of indexing.
e) Stamp paper
As per the amendment of section 34 of the Bombay Stamp Act 1958, the stamp paper should be in the name of one of the parties executing the document.
Our society was formed in 2004 with 39 members in 2 wings. Now, the same builder ( Chief promoter of our society ) has developed another wing adjacent to our wing in same plot. My question is 1. Whether flat owners in new wing developed by builder will be merged in our society or 2. Can there be a separate society for new wing 3. Can society oppose the builder for adding new members in our society
pl guide me on the rules and regulation of the chs act step by step details will b more benificial to me thany
There is a MHADA PLOT which was purcheased by the proposed society members in auction and at that time the stamp duty and registration for the construction of the building was paid. On the basis of agreement between the society/ developer and MHADA, the building construction rites were given by MHADA. They have all municipal clearance for contruction and completion of the tower. They have also permission from MHADA regarding adding up of new members in the society who will but the flats.
The builder says that there is no need to pay the stamp duty and registration fees as they have already paid. The buyer will be alloted the allotment letter and issued shares certificate. please comment on this and send the reply on my mail
Sir. We are a proposed co-operative society. We had formed proposed society a year back. We have no co-operation from the builder for the formation of the society as we requested the builder for the required documents which are required from the builder. In such a case how do we form the society?
Is it not possible to Regsiter The Co-Operative Housing Society Under the same Name in same area or wht ? i.e Registar says that the opted name is already Registeres so apply with new name. If so we want to register with our Bldg name i.e Riddhi co-operative housing society , wht should we do now ?
Hi sir, I want to register propose co-operrative housing society in Mulund ( Mumbai ). Can u help me out, plz send me detail procedure for registration. our mail me your contact number.
Hi I have purchased resale flat in co-operative society. However there was dispute between tbe builder and society. There dispute went to the section court and again builder had made appeal in High court . the point of dispute is about the dues and society is not admitting the new members who has purchase the flat in new buldg. developed by the builder. the matter is pending in the highcourt for last 10yrs. the society is not admiding us as memeber and not issuing share certificate under pretained that matter is subjudice. We are such 85 flat owners in 10 building devloped by the builder. Each buiiding managing day today affaires on its own. we are w/o titileproper for last 25 yrs .Which authourty we must approch to get proper justice. pl send me tthe reply on my email id . Mr S.Y.,JUVEKAR
bilding wise account is posibal and total 2 wing and registration no are same plase advice me
pl how many franking charges of authority letter for housing societies income tax scrutiny
how many registered housing societies are in mumbai
We have 3 Towers (Building) that are adjacent and joint. Each is of about 20 Floors. Builder has proposed to make single CHS since his contention is common Entrance, Common Fire System, Common DG Sets in case of Power Outage etc. Whereas One building wants to make seperate individual Society and insists to have common Federation / Apex to resolve all the issues including Open PArking through Apex. Builder has objected to have different socities. He feels uncomfortable as Federation / Apex / Individual society can create problem for him in future constructions. What do u suggest??
Sir,
Ours is a re-developed building. We have been staying here for the last 6 years. The builder is also staying in our building. He is not interested to form society and is enjoying the entire common area like his private property. He is not responding to our letters.
So without his permission can we go ahead and form co-operative society. Please explain us the process.
I purchased new flat in Apr, 2008 directly from the builder. Till now the builder has been saying that society registration procedure he has started & but he was not willing to give the control of society to the members. Now society members have approached the registartion office & further proceeding is carried out. Now I came to know that the builder then during the registration on 20th Jul, 2007 has not put my name in the members of the society or builder shall have added my name in the list of members after the purchase of flat in Apr, 2008. I have already paid the builder the society registration & membership charges during the purchase of the flat. Now formed society is saying me to pay membership charges to the society & become member. Society is asking Rs. 25000.00 charges.
My question is, why should I pay the charges which I already paid to builder for the society membership again to the society? kindly clarify.
I have purchased a row house from the owner. The society is not yet formed for the premises since 2006. Is there any rule which specifies that the builder has to form the society within certain time limit? If yes then how can we compel the builder to form the society? Can we take any legal action against the builder?
I have purchased a shop from a builder. The builder is making delay to give the posession letter as well as sale deed. Builder is telling that the sale deed will be done once the society is formed for all the members. I don’t know how much time it will take. My queries are 1. Can a shop be included in a housing society? 2. How can I make the builder to form the society as quick as possible?
can a flat owner in a registered residential society who is residing elsewhere run office or other commercial activity in his flat or allow someone else for the same? in other words can a flat registered for residential purpose in a registered society be used only for commercial purpose?
I need following information regarding formation of Apex Body/Federation of co-op. Hsg. societies in Mumbai.
1) Are there any basic rules/regulation or Bye-laws laid down by Govt. of Mharashtra. 2) How the indivitual societies are given representations on tha Apex body/federatio-What is the basis-equal or based on number of Flats in the individual Societies. 3) What is the minimum number of societies required for the formation of Apex Body/Federation?
Thanks
MY QURRY IS I PURCHASES ROOM IN DIGHA (NEW MUMBAI) AND REGISTRATION DT.17-08-2011 WHAT IS TIME LIMIT FOR POSESSION OF LETTER.
It was very interesting to read your article on formation of a society and indeed the information was very simple and lucid…
I seek your advice in regards a Flat that I recently purchased in Goa. The Apartment is aprox, 18 years old but in good condition. There are only five Flats in the Apartment. These are ownership Flats and each flat owner has equal right to property on which the Apartment is built upon. My question was – is it possible to form a society with only five families, if not, any other solution to form something that would help in maintaining the Apartment. Any kind of information/solution, would be highly appreciated.
sir
kindly give us guideline for making our flat owners society.
Our promoter has not handedover the total complex. We have purchased ownership flat from last 5 yrs but we r unable to create flat owners society due to non cooperation of promoter. Our flat is at howrah westbengal.
Please guide us for necessary steps.
Thanking you
s.goswami
I read UR site & find much useful information.Actually we live in new flat delivered by builder before 6 month In BARODA. & we wish to form society. There are 12 flat ( 8 2bhk & 4 3bhk ).We want to know which type of society should we form. What is the procedure ,? Which document we have to submit ?
Could u mail us Complete detail for Registration of same ?
I have purchased a flat at 2002. I have not registered my flat at Mhada because at that time i did not have a ration card which i had to submit for registration. Also the builder told us that if you do not have an intention to sell the flat then you do not have to do the Mhada registeration. Now, I have my ration card and I intend to sell my flat. What should be done now. what will be the penalty?
Sir, We have purchased the flats in one of the Housing Complex constructed for staff of Air line, whcih is located in Navi Mumbai. Now we would like to process the registration of the Co-Op Housing society, we are 255 memebers who have recived NOC from CIDCO. pls guide us in the matter or advise us to whom to be contacted for the said process . Regards
dear sir, our building is constructed in 1996.we are nine flat owners. now we want to register the hsg society. how we should procced.
hello.. i am residing in mumbai(ghatkopar). my building is co-operative society very old approxly 45yrs old. now in our society many of residents want to go for self redevelopment of our bldg. so i want to know which are the rules, regulations, or acts applicable for the said redevelopment through builders or by our own i.e. self development.
Thank you for your exchange of information to the needy. Will you kindly clear my doubt. Can a partner of the builder (Partnership firm) who does not hold any unit (flat/shop/gala etc) in the building sign as the Chief Promoter for the formation of the Co-operative housing society? Looking forward to your reply at the earliest.
can General expences amount complesory give to society’s, which was made by secretary OR Chairman…i.e. parking koba, building colour and maintenance etc.
Respected Sir,
Our Building is constructed 30 years ago under Gram Panchayat Act of THANE municipal corporation. Now after an long argument the flat owners are agreed to form and register a co op housing society, The lease rights is lies with a near by mosque (as per landlord’s will) there are 48 flats out of which only 14 flats are registered with the Thane municipal corporation, no one knows the builder’s whereabouts.
Kindly suggest the way forward for proposed co op housing society. We have been to various lawyers but our money is vested without a solution for this.
Your revert is appreciated and thanks in advance.
My cell no is 9323202991
Respected Sir,
Our Building is constructed 30 years ago under Gram Panchayat Act of THANE municipal corporation. Now after an long argument the flat owners are agreed to form and register a co op housing society, The lease rights is lies with a near by mosque (as per landlord’s will) there are 48 flats out of which only 14 flats are registered with the Thane municipal corporation, no one knows the builder’s whereabouts.
Kindly suggest the way forward for proposed co op housing society. We have been to various lawyers but our money is vested without a solution for this.
Your revert is appreciated and thanks in advance.My cell no is 9323202991
Dear Sir, I am a member of Cooperative Housing Society (CHS) in Mumbai. CHS Secretary and Committee members have allocated parking spaces to and written numbers on the open space. I have got a car and they are not allowing me to park the car in the open space in our CHS. I suggested them to either 1. allow parking on First Come Fist basis or 2. to allow parking on rotation basis where all the members are asked to park their car on road on Rotation Basis so that all members share the pain and it is not unfair to any one member. The rules should be FAIR and EQUAL. However, the Secretary and Committee members already have the parking and it appears that NOBODY is willing to help. PLEASE HELP me with alternatives so that I can claim my right to park the car and do not accept this UNETHICAL, UNFAIR , UNEQUAL and UNFAIR practice followed by our CHS.
i want to know how to make a housing society and what document to submit and where it will be submit
i living in chawl as a owner. in chawl we having a 18 room with individual owner present ,
so please give me a guidence about these, i will waiting for your reply
thanking you
I have recently purchased a flat under construction in Goa. Some of the flat owners are not in favour of forming the co operative soceity. I feel it is legally mendatory to form the soceity. Is it so?
If there is one society for two wings – i.e. A and B. All the expenses are made wing wise seperately where as common expenses are shared. If the exterior wall of B Wing is damaged then whether the expenses has to be incurred by B Wing or from common account.
hello.. i am residing in mumbai(ghodapdev-Mazgaon). my building is co-operative society 2yrs old. it’s BMC plot with 33% reservation of Open market. Our Builder Completed 19 flr but still we not sign MOU agreement
& our advocate not take any responsibility of agreement. we have 90 tenant & 10 shop. we send letter to builder for Agreement but he still not replied can u gave mi advice for legal Activity becoz 90 tenant & 10 shop on fire.
we make new working committee becoz Builder & Advocate not gave response to OLD committee… pls advice us we are waiting becoz all tenant life on fire. pls reply as soon as possible.
Dear sir,
i purchased 3 plots together from land developer and i am making the flats in the land. at present there is no society . but the developer he is planing to make the gate and securities in the main entrance. in my record i have the right to use the road Independence. it means this road is fo all the land owners.with out permission from the land owners he is making gates and he is planing to make society there. with out our oermission he can do it or not. how i can face
Sir, In my society, we are planning for a bore-well to reduce usage of BMC water to support water problem in mumbai,but i hv a doubt, if we go for a bore-well with BMC permission, tomorrow BMC will reduce the qty of water which we are getting now. if yes, we dont want to go for borewell, pls adv.
r
If a soceity is registered for last 12 years and the promoter /builders still have unsold flats in it and now are selling the flat . Can the Society charge transfer fee. Is there some bye law that covers this.
we staying in rent building in mumbai bhuleshwar so we want make co oprative society what is proccedure we are ten member
Hi,
I live in a new housing society in Mumbai which got it’s registration done few days ago. Till now we had an ad hoc committee comprising of around 25 members to manage the affairs. Now, we’re in the process of going forward. I have a question – how do we form the new management committee? Does it have to be elected or selected? It’s a large society and some of us believe that the 11 member committee should be elected whereas some others are suggesting that it should be selected from those who’re interested to be part of it. Please clarify.
Warm regards
Raj
society is having problem regarding my tuitions.so, please guide me that should i continue my tuitions or i will have to wind my tuitions because of societies objection.
Sir, The builder is noy forming the society and delaying the process from last 2 years.What are the step that can be taken to pressurised him to form the society?
I live in Navi Mumbai and the building is under cidco approval.
Dear Sir,
In a society if a member has more than 1 ownership flat will be be eligible for multiple voting rights. Our society is co founded by landowner and builder and the land owner has been allocated 19 flats. We hv totally 48 flats in the apartment. Will he be allowed to legally cast 19 votes ? This will greatly affect the running of the society as per the other owner agendas. Kindly advice.
Dear Sir we are purchasers of new flats in a redeveloped society in Andheri (W), Mumbai. The builder of this society has failed to provide OC for the new flats constructed over the original 4 floor structure. Making this as an excuse, the committee has refused to accept us as the members of the society. After adequate consultation, in November 2011 we submitted our membership forms with the cheques for membership fees to the committee. 3 months have passed and the committee is still to deposit the cheques, make us members or raise any qualifications on the documents submitted to them. We have been regularly paying the maintenance bills to the society. However, the bills are being issued to respective flats without the mention of flats owners’ name on them. In absence of any co-operation, can we refuse acceptance of maintenance bills on this premise? Please advice.
Sir, we purchased 2BHK in a Co-op housing society on loan in 2003-04. The stamp duty was paid. we recieved original documents in 2010 on completion of loan. However, it has now come to notice that the house is not registered. infact none of the 80 houses were. 3-4 people got them registered before reselling. we are told stamp duty will have to be paid again on registration. We remember having paid money to (additional bank loan disbursement) builder for stamp duty, registration and legal charges. Now do we need to pay stamp duty again? Is it buyers responsibility to ensure registration. please advise.
I am residing in Mumbai. The society is not formed since 2007 as builder is delaying the formation saying once his all building would be constructed he would form the soceity, hence we all society member had the meeting on this and wanted to form our society so could you please advise us the procedure as how to go about the same
we want to register a new society for open plots what will be the procedure can you mail all the details
Sir, I am the Chaimran of a co-op hsg soc. we have 21 such registered ( since 8-10 yrs )societies divided in our complex into three rows of as per their phases of completion named as phase1-8 societies , phase2-5 societies and phase3 – 8 societies. We had a registered apex body / federation which was active almost from 2004 to 2007) Due to financial and some reporting and addressing issues a few members of phase3 who were in the committee of the federation resigned and demanded to form a new federation only limited to societies of phase3. this dispute lead to a court order putting a stay on all financial activities of the existing federation and since 2007 till date there has been no maintainance of common utilities like internal street lighting, garden maintainance, security at the gates of the complex, club house activities etc. The order has also asked to form a new body from each of the two groups and start to operations. But the committee members of the phase2 and phase1 onbord the federation have brought a stay on this order. Seeing the poor state of the complex, lot of new faces have come together and are planning to desslve the exsting federation and form a new apex body with new faces. In such a scene, My question is – How can we peacefully dissolve the existing federation. How securely is the federation committee protected under the circumstance if all the 21 registered societies give them a letter asking them to leave their chairs. What are the by-laws of dissolving the federation committee that has been inactive for more than 3yrs ? Requesting your advice. Thanks in Advance.
Respected Sir,I am staying in Mumbai,We have 4 buildings viz 3 towers of (18) floors & 1 (7) storey building.We were given a possession in 2008 & had paid maintainence for the future 18 months.
My Questions are 1> The builder has continued seeking maintainence from us & has for some reason or other not allowed society formation,The amenities provided very less & the maintainence cost are very high viz Rs.2.75 per sq ft,should we keep paying the maintainence. 2> The Builder has been selling open spaces for Car Parking,is it allowed. 3> Builder had provided a Lift Back Up facility which functioned for about a year & half,post the same it is not functioning,now he has again provided a quotation of Rs.2,70,000/- towards Lift Back Up & has refused to take responsibility for the back system not functioning.Kindly guide if we are now liable to further bear these expenses when the same was part of the facilities provided by the builder.
where can we find the answers for the above queries>?
shantavs@gmail.com
I have purchased a row house from the owner in Mira Road Thane. The society is not yet formed for the premises since 2007 and builder is not supporting. There are total 11 Row houses out of which owners of 3 row houses are not known tous. Is there any rule which specifies that the builder has to form the society within certain time limit? If yes then how can we compel the builder to form the society? Can we take any legal action against the builder?