Co-operative hsg society
Lynn S
(Querist) 30 September 2016
This query is : Resolved
Ours is a CHS of 9 buildings comprising of 142 members built in 1964 and incorporated in 1974.
The society passed a resolution in 2000 for individual buildings to install lifts if they want to. Out of 9 buildings only one building is going ahead after 16 years.
1. The secretary owns an apt in this building on the 3rd floor.
2. The other member on the 2nd floor who is spearheading the lift is a defaulter to the amount of almost one lakh.
How can we stop this project?
Raj Kumar Makkad
(Expert) 30 September 2016
Jmana aage ja rha hai aur aap peechhe????
Even if the contributory amount shall have to be shared, this is welfare scheme for the benefit of all apartments though being started at such belated stage, cannot be stopped except if the building is such old that it requires its redevelopment within a short period or it is highly damaged building.
adv.bharat @ PUNE
(Expert) 01 October 2016
After 52 years it is need of time to redevelop that building think in positive way.
Guest
(Expert) 01 October 2016
I agree with Adv. Bharat.
Additionally as per Maharashtra Municipal Corporation act (If you are in maharashtra) then ask for structural audit certificate of all building above 20 years from structural engineer whether the building is safe to stay or not. And all experts have concluded RCC building life around 40-50 years only .
And better re-construct the building, you need to even check if there is FSI benefit for you as per revised development plan in your area (Which most probably will be ) additionally you need to check if you can get more FSI since dilapidated building .
If you get proper Project consultant who is neutral and guide you then it will benefit your society properly. Proper Project consultant should be neutral person who have studied and guide you properly without interest of earning commission from either builders or contractor or any other person.
You will meet many people who comes to benefit you but they are agent who are interested to remove commission nothing else , go for professional it will be better. It is better to pay to Dr. who prescribe correct medicine without interest from commission from Chemist /Pharmacy chemist / or any vested interest.
Rajendra K Goyal
(Expert) 01 October 2016
why you want to stop?
If society does not agree, proceed and try to obtain stay from court.
Guest
(Expert) 01 October 2016
Any how if you still want to go with lift , then procedure is that you will see many new building with lift there you will see board of elevator company contact them they will come and give you quotation.
Additionally you need permission from local govt. you will require to get structural audit report of building from structural engineer , then you need to submit building plan for doing modification in building for installation of lift. when permission is granted by town planing dept then you can install lift as per permission granted plus after completion of installation you need to intimate to local authorities to change property tax if applicable so.
Additionally you need one registration cum licensee from one dept for use of lift . I don't understand that dept. is at present under Industries ministry and dept. but it is so , so you need to take permission of it then you need to put license of lift in lift the way shopkeeper keep registration.
This is what I can give you information on all your future queries.
Guest
(Expert) 01 October 2016
If you want to stop, insist on all procedure this it self will discourage opp. party :D .
It is very lengthy procedure in such case , In such time I can get new building plan sanctioned :D
50 years old building installing lift is indeed waste of money in my sincere opinion. Life of RCC structure is over .
If there is some severe problem like you can not re-construct building due to some nearby heritage structure restriction then you can think . But think practically you can not do make up of old man of 50 years as toddler of 3-4 years
Kumar Doab
(Expert) 01 October 2016
The resolution was passed 16 years back, for lift.
The secretary own flat in the building.
Other buildings can also go ahead.
Mr. Madhu has shared enough and sincere inputs from his knowledge.Consider these.
You may contact LCI Expert Hemant Agarwal.
He handles society matters.
Guest
(Expert) 01 October 2016
If you press by sending legal notice that procedure is not done properly this itself can show effect , even if they don't stop then Court can be option but there you insist that proper procedure is not done this will give relief properly instantly like first temporary injunction.
How to present in Court you will get idea from what I posted earlier.
But I feel honestly 50 years old building installing lift is waste of money .
Raj Kumar Makkad
(Expert) 01 October 2016
The procedure is to pass a resolution which already has been done a long ago so it is now execution which is going on though at much belated stage. It cannot be stopped merely on the basis of its burden of cost.
Ms.Usha Kapoor
(Expert) 02 October 2016
This query is hereby resolved.
Rajendra K Goyal
(Expert) 02 October 2016
The author has not replied the questions.
In the given facts expert Madhu ji has well advised / analysed the situation, author can proceed accordingly if wish to.
Kumar Doab
(Expert) 02 October 2016
Agreed with Mr. Madhu and Mr. Goyal.
Lynn S
(Querist) 04 October 2016
I sincerely thank and appreciate your advice and responses. I apologize I was not very specific. My intention is not to stop the project but to ensure the lift does not end up as a white elephant as the member spearheading this project is currently defaulting for about 5 yrs amounting to 100,000/-. There are also 2 other defaulters by smaller amounts in the concerned building and they all live on the upper floors. How can we trust that they will they pay for the project?
To be more specific, my queries are:
1. As a co-op society of 9 buildings can a single building install the lift individually? As a co-op again do all members of 9 buildings (ie. 142 members) pay for lift costs, installation, maintenance and repairs or only the concerned building members?
2. For capital expenses such as these isn't it incumbent on the society as a whole to take up the project?
3. Who will be responsible if the project fails and what action can be taken if this project fails?
4. I totally agree that these 52 years old buildings should be redeveloped but there are too many factors hindering the process.
Thanks again.
Guest
(Expert) 04 October 2016
Point 2, 3 , 4 whether they are related to redevelopment or installation of lift?
Presuming it ans. is redevelopment whether conveyance in name of society is done or not?
Whether all records like land records who is owner ? (This question I ask from point of view of redevelopment)
Lynn S
(Querist) 04 October 2016
Thank you Madhuji.
Points 1, 2, 3 are lift.
Pt 4 is is redevelopment which is out of the question for now.
Guest
(Expert) 04 October 2016
Wait for Co-operative society expert , that will be better
1) See This elevator company take whole set work . While discussing with one elevator company for one project he told me your job will be to give money we will do all for new building
2) But in new building our Plan is just approved and lift is already done so we give money to them and forget
3) In your case first Building Plan modification/amedment is required unless until Planing authority permits it you can not do anything legally and this is pretty tough looking at your building age
4) Once permission is granted then you need to give direct money to elevator company they install it in few days fast.
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If defaulters are already their I wonder how further expenses they will bare .
Other building member will not give money for some one else they will fight so it will be certainly white elephant and cause of conflict financially
Rajendra K Goyal
(Expert) 05 October 2016
1. Society should start recovery process against the defaulters.
2. It is practicable that those should pay for lift which are living in the building. Rest depend on the language of the motion passed / approval.
3. All would not use lift of one building, others may not pay,can move to court for stay.
4. What is meant by the project fail, how you suspect, money need to be collected in advance for the project.Proper permission need to be taken from competent authority.
5. Outsider can not remove hindrance, members have to come forward.
Kumar Doab
(Expert) 06 October 2016
Agreed.
Negative aspersion shall be there; as defaulters are present; and have not cleared dues.
Why would anyone pay for the facility that is not for his/her use.
The resolution was passed 16 years back, for lift. Isn't it stale?
