Good morning.
I went through https://www.indiancooperative.com/ site and it has been very informative. Thanks for sharing your thoughts and inputs on complex matters. It sure helps societies.
I am writing this email to you so as to have your expert advice on issues faced by me in society.
PFB few instances:
I got my new flat (new society) possession in Sep2015. It is not registered too. However, society board members or general body is yet to be formed by Builder.
Instance 1: Few of the society members have taken upon themselves the responsibilities of society, which is good in some aspects too. However, many a times I have felt that there is too much unnecessary strictness applied wherein it is not needed. It feels as if am staying in a military camp. Is there any clause/ law on this?
Instance 2: Wats app group has been formed between all society members, and there are many discussions (many a times useless and if related to society then generally they get converted into verbal fights). Younger kids and toddlers pictures (once even a young lady) are being captured while plucking flowers in garden area and message is being circulated that parents should educate their kids. I understand taking care of our garden area is responsibility of all, but then there is a matured way of communicating things. Clicking pictures are definitely not acceptable. Plus, how can we discuss something with a toddler who has a beautiful world all by itself. They are kids after all and I have done same at my young age too. This I want to raise as an issue. Is there any clause/ law on this?
Instance 3: As I mentioned society board members or general body is yet to be formed by Builder. However, some self-proclaimed society board members in our society, are trying to act smart and behaving like Gods to other members offering advices which I feel is illogical and irrelevant and benefit only them and not others.
Instance 4: Club house: I have purchased flat in this society because it has amenities like gym, club house, swimming pool, etc. The self-proclaimed society board members are trying to charge an extravagant amount like Rs 2000 per individual user (meaning it is not divided amongst all flat owners and will be charged only by flat owner who wants to use it) or so commenting “That people should not be using club house too much and can spoil the chairs, etc. This will maintain club house”. This I felt was totally unacceptable. I have already purchased my flat along with amenities to be used, and then why should I be paying an extravagant amount? As per my logical sense, this should be charged in monthly maintenance and not separately. However, they are not ready to listen. Surprisingly, many society members are not questioning their actions and are ready to pay this amount. I find this to be being forceful. Is there any law on this? I checked with few of my friends and they said that their societies are paying this in maintenance and for using club house they are paying very minimal Rs. 200-500 and it includes only electricity, lighting, etc. Kindly advice.
Instance 5: For gym, the self-proclaimed society board members, are planning on membership per flat as around Rs. 150 or so. This still seems fine. Kindly comment.
Instance 6: For gym, somebody suggested to have an attended in case of any emergency or safety purposes. Few days back I heard someone say that having a gym attendant is mandatory. Kindly advice.
Instance 7: The self-proclaimed society board members call up for meeting anytime when they are free and available, and discuss amongst themselves. There is only 1 female involved and rest all are males. All decisions being taken seem to be in their favour and nobody else’s. As per my knowledge, society meetings need to be informed earliest with correct notice, and all discussions should be documented as MoM on notice boards too. It cannot just happen at anyone’s whimp.
I request you to kindly help me with your expert advice so that I can quote the same and have a fair discussion with these people. I do not want to have an unneccasary fights with no direction but then what to stand for what is legally correct and necessary.
Looking forward to hearing from you.
Have a nice day ahead.
I C Naik
Dear Namita,
Your concerns are very valid. It is quite rare that flat buyers show this much concerns even when the society has not been registered by the Builder. Resaing the problem areas you are facing it appears there is already an unregistered CHS operating in informal way and could be close to a Jube Raj. You have not mentioned the number of flats/members but since there is a Clubhouse, it seems to be CHS of fairly good size. Close to two years it is running like a registered housing society is in itself baffling me. Surely these self proclaimed members of the Committee of an unregistered housing society are in all fairness trying to do a common good to all members and voices of dissent are no surprise. But howsoever well it is being managed (mis-managed) this is going on with full impunity to the builder for violation of provisions of MOFA 1963 {MAHARASHTRA OWNERSHIP OF FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) ACT, 1963}. This small grpup may have taken management of the society in their hands with the blessings of Builder as it suits him. This may be wholly untrue also and this group may be being taken for a ride by the builder. Any thing could be true unless truth is found out which could be wellnigh impossible.
The instances you have narrated are trivial issues if you and the so called self proclaimed Managing Committee (though they may be wholly justified in their own way and it may be wholly wrong to brand them so),must understand the builder’s vision though to be realized in completely illegal manner. If this self proclaimed Managing Committee has really hard headed and very well meaning representatives they should take on the builder. This requires guts which they seem to have but out of ignorance it is being wrongly used, going by the contents of your mail, i.e. they use in trying to effectively manage an unregistered housing society.
They must focus on making the builder discharge his obligation under MOFA 1963. You should manage to make this Interim Committee read and discuss the Attached Note “Registration Of CHS and Conveyance Of Title Deeds- MOFA 1963 Extract”
As you may be reading the State is about to significantly liberalize FSI which means your society will also get entitlements to construct additional areas on the same land. If your housing society has not got titled deeds of its Property Land and Buildings such entitlements will used up by the Builder. Builder is in no hurry to make housing society as also transfer title deeds and will keep your show going with sheer ignorance of the Interim Committee.
