I came to know about you while searching internet for Housing Society related information / query hence this email.
A brief of available information is as under
– This place is located in the heart of Pune and belonged to a family. Approx area of the place is 2000 square meters.
– In 1999, the builder entered into a Development agreement with the family and built approx 80 residential flats / apartments.
( 60 family apartment & 20 shops )
– Land records with the Govt. still have name of the family members.
– Sale & Conveyance deed has not been made till now pending completion of some financial transactions between the builder & family
– Some 10 or more flat owners have formed a society and are trying to harass the owner family and other apartment owners by issuing letters containing some funny resolutions passed in the society meetings e.g. ” No accommodation for Student PGs ” , Parking as per Allocation as decided by the office bearers of the society , NOC required from office bearers of society if a flat owner wishes to give the flat on rent to someone etc.
I will be very thankful if you can guide / help me with my following queries
– Since the Sale & Conveyance deed has not been made till now , does the so called Society has any legal status i.e. Is it Legal or Illegal ? Can the owners & other flat owners say that the society is Illegal and they do not want to be members of it and are not bound by any of the decisions of the society ?
– Contact details of Forum / Organization / Group of Expert persons in Pune who can guide & help owners and other flat owners for challenging the errant office bearers of the society in a court of law if required.
Let me know if you need some additional information.
Looking forward to hear from you soon and thanking you,
I C Naik
When a Cooperative Society is registered bye-laws are also registered as a legal requirement. The builder has apparently executed 80 Agreements as so required under MOFA in or as close to Model Contracts of agreement to Sale in form A appended to MOFA 1963 [the Maharashtra ownership of flats (regulation of the promotion of construction, sale, management and transfer) Act, 1963].
The builder was duty bound to form a Cooperative Society as soon as 10 flats are agreed to be sold. Builder is supposed to convey title deeds with 4 months.The Builder has found flimsy excuses to evade his obligations imposed on him under Law.
Now your grievance is as under:
“Some 10 or more flat owners have formed a society and are trying to harass the owner family and other apartment owners by issuing letters containing some funny resolutions passed in the society meetings e.g. “ No accommodation for Student PGs “ , Parking as per Allocation as decided by the office bearers of the society , NOC required from office bearers of society if a flat owner wishes to give the flat on rent to someone etc.”
Let me reassure you that prima-facie your grievances are all wrong and you must profusely thank these 10 or more persons for working in the interest of all 80 flat buyers and do not get shock if they sue the builder for his failures for which Courts have power to imprison a builder. Did you not read TOI 8 7 2016
http://epaperbeta.timesofindia.com/index.aspx?EID=31804&dt=20160708
Page 4. “the Pune rural police booked a developer for not executing a conveyance deed for flat owners of his Dehu Road complex “
If you still feel this Group of 10 are harassing others please obtain a certified copy of registered bye laws and scan and e mail it to me, will advise if any action is contemplated on your part and if you are willing to take. I think you will as you are already perturbed by deeds of the so called management committee.