CAN THERE BE SAME REPAIRS CONTRIBUTION FOR DIFFERENT SIZE FLATS?
I am staying in a registered society, which has flats of different sizes such as 150 sq.ft, 425 sq.ft. And 750 sq.ft. The committee has started collecting Rs.25000 from each flat owner for building repair and terrace shed, as the sinking fund is not sufficient to carry out all the repair work. I think this decision is not legal and the amount has to be
Collected as per the actual area of each flat. Please advice.
The decision of the committee is not in accordance with the bye laws of the society. The amount for the purposes of repairs and maintenance of the building has to be fixed by the general body meeting from time to time, subject to a minimum of 0.75% per annum of the construction cost of each flat. In view of the escalation in the prices of cost of construction, it is advisable that the general body meeting may consider to take decision to get the valuation from an approved engineer or an architect for each category of flats at the interval of say 3 or 5 years, as may be deemed appropriate, to calculate this amount (Model Bye Law No.69 (a) (iii).
CAN SOCIETY DISCRIMINATE AGAINST THOSE RENTING OUT FLATS?
I have rented my flat in a society in Vakola at Santacruz. Two years ago the society has passed a resolution to charge Rs.5000, other than the non-occupancy charges from the members who let out their flats. This year they have passed a resolution asking us to pay the charges from last three years. On our objection, they have informed that it is not towards NOC and the levy, has been decide by AGM. Can a society charge such amount in the pretext of any other name?
The decision of the society is not only against the government Order dated 1.8.2001, but against the judgment dated March 2, 2007 of the Bombay High Court. Even in the SLP against this judgement, the Supreme Court has ruled on 30.4.2007 that the order of the High Court would continue. Therefore, no society can charges any such amount under any such pretext, even after a resolution in the AGM or SGM. The service charges are defined in Model Bye Law No.68.
CAN THE SOCIETY LEVY A FINE AND ALSO CHARGE COSTS CURRED?
My society has levied a fine Rs.1000 for leaving the water top open for each day and in addition Rs.800 towards the cost of two tankers. As per the decision in the AGG, the society has been permitted to levy a fine of Rs.1000 per day in such cases, but there is no mention about the recovery of the cost of the tankers. For few other types of violations also, the society levied fine plus other charges to recover actual cost. I had already paid Rs. 1000 fine and requested to society to reverse this levy of Rs.800 in the bill with interest @21% com-pounding/ monthly. Please clarify.
A society cannot recover any charges or levy which has not been decided by the AGN and to levy any fine etc. for the violations, after the decision in AGM, the society should obtain the approval of the Dy. Registrar of society. For there the society cannot charge compounding interest on the defaulted amount. It can charge simple interest at the rate as may be decided in the general body meet ion, subject to a maximum of 21% p.a. (model Bye law 72).
CAN I PURCHASE LAND
Our society comprises of 28b bungalows with no multi-Storeyed building, with ample open space reserved for garden. I want to purchase a part of the land adjoining my bungalow from the society. Please advise the Leal requirements and the procedure for the same.
The allotment of the plots and sale of the land will be governed by the bye laws society and any land reserved for garden or such other common purpose in the lay out plan, approved by the competent authority, cannot be sold by the society, unless amended lay out plan is approved by the competent authority. Moreover the open space left as a set back cannot be transferred or sold, as it would amount to the violation of development rules.
CAN COSTS OF BOTH FLATS DAMAGED BY LEAKEGE BE SHARED?
I am staying at Flats No. 202 /75 at Vasant Vihar, Thane, and there is a leakage of water from the top floor from 302/75, which started from the kitchen and spread to the living room and the bed room. Complaint, Secretary and Chairman visited my saw the damager and asked the occupant of top floor No.302/75 to undertake the repair to stop the leakage, which is under way. I was told that I will have to share the cost of repairs to the extent of 50% for which I have agreed. Please clarify whether I too can ask that occupant to shore the cost of repairs to my flat to towards re-plastering and painting.
Repairs and maintenance of the property of the society is governed by the society bye laws (Refer Model Bye Law No.160). All leakage of water due to rain or external common pipe line or drainage line have to be carried out by the society but all internal leakage is the responsibility of the member If the leakage to your flat is to the internal reasons fro flat No.302/75, the occupant of the flats is responsible to carry out the necessary repairs. As regards to the interior of your flats due to the leakage form the top floor flat, the society take suitable decision in the matter.
CAN SOCIETY OBJECT STILT PARKING ALLOTED BY BUILDER?
I have purchased a stilt car parking from the builder before the Supreme Court judgement and before the society was registered. The society has 22 stilt parking for 56 flats and so far 3 stilt parking have been sold by the builder and 5-6 people have paid the token money to purchaser these stilt parking. The builder has issued an allotment letter to me for the stilt parking and marked the flat number on that stilt parking. I would like to know whether the society can raise objection to such allotment of such stilt parking by the builder.
The Supreme Court judgement on this issue is quite clear and a builder does not have any right, title or interest to sell the stilt parking or open parking slots or allot the same to the flat purchaser, even in the cases where the society has not been registered. Any such allotment or agreement, by the builder for the sale of the stilt parking or open parking slots is not legally valid and binding on the society. The society will have the full liberty to allot the stilt parking or open parking slots to the members of the society as per the bye-laws. Please refer model bye law No.78 to 85. Any tax levied on the stilt parking bye the local authority will be payable by the society just as society office and such amount shall from part of society’s service charges, payable by all the members equally.
CAN NOMINEES OBJECTION HOLD UP SALE
In our society a lady member, in whose name the share certificate stands transferred after her husband’s death, wants to sell the flat due to financial constraints. However her two sons, who are the nominees, are taking objection to such sale. Is the consent of the nominees required for the sale of the flat?
It is not clear from your query on what basis the share certificate has been transferred by the society in her name after the death of her husband. Assuming that she is the absolute beneficial owner of the flat and her two sons are nominated in the records of the society, the consent of a nominee by a flat owner is not legally necessary to sell the flat; because a person has the right to dispose of his/her self acquired property during his/her life time and a nominee does not acquire any right, title and interest in the property simply because of the nomination in his or her favour, so long the owner is alive. After the death of the owner, a nominee merely holds the property as a trustee on behalf of all the legal heirs of the deceased owner, though he may have the beneficial ownership interest in the flat to the extent of his or her share, provided he or she happens to be one of the legal heirs of the deceased.
ADMINISTRATOR APPOINTED HAS NOT TAKEN CHARGE AFTER A YEAR
Our society is registered for a Mhada building and 90% members have agreed for the redevelopment of the same and the NOC is awaited from MHADA. On the complaint of the members against the irregularities, the Dy. Registrar has appointed an administrator to run the society. But even after a period more than one year, the administrator has not taken charge from the old superseded committee. Now some of the important matters have to be decided and the society may have to file some court case. Please advise whether the superseded / Adhoc committee can file the court case on behalf of the society and what is the time limit for the administrator to take charge and what is his responsibility after taking charge?
When an administrator has been appointed by the Dy.Registrar, all the power and the functions of the managing committee vest in him. The Adhoc/ superseded committee cannot file any suit or take any decision, as it has got no locus stand in such a situation. For the delay and inaction on the part of administrator, the matter may be taken up with Dy.Registrar to issue suitable directions to him/her.
REGARDING GIFT DEED.
ReplyDeleteMy father was the first owner of a residential Flat in a Registered Co-op Housing Society from the year 1970.He nominated his wife( My mother )on the Society's Nomination form in the year 1970.My father died in 1987.As per the nomination done by my father the Society transfered the flat and share certificate in the name of my mother in the year 1988.My mother nominated me in the nomination form in the year 1988.In the year 2007 my mother transfered the flat to me via a Gift Deed,duly stamped and registered.The Society has duly transfered the said flat and share certificate to my name after my fulfilling all the formalities of the Society,in the year 2007.My question is the Gift Deed done by my mother to me is legal and valid?.She has gifted willingly and I have accepted it.My mother is still alive.
S.I.
The above matter of Gift deed is is a query I wanted to ask the expert legal advisors. I don't know how to put the same in query column.Kindly answer the question.
ReplyDeleteS.I.