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Rajashekhar Rangaraj   19 December 2018

Bifurcation of a society

I live in a complex of 94 Row Houses. The developer for his convenience split us into 2 CHS’s of 58 & 36 row houses. The design of the complex is such that 14 row houses (of the 58) fall outside the boundaries, which have gates. Consequently, these 14 row houses do not get any security despite paying for it as part of the monthly maintenance.  Similarly, no sweeper/cleaning services are available to us.  And, maintenance of internal roads, other infrastructure and amenities which are never used by us, we pay for, either as part of regular maintenance or, as and when demanded.

For more than a decade now we have voiced our concerns to different MC’s that were elected, in AGM’s, EGM’s etc. and solutions have been promised, which have never materialised.  All these have been documented in the MoM of such meetings held.  As the matter concerns only the outermost row of 14 row houses, neither of the CHS’s are concerned whatsoever posing a serious security hazard for us.

 

In light of the above, we are exploring our legal locus standi to approach appropriate authorities to separate ourselves from the current CHS so that we can take care of our needs and requirements. Can I get some advise on the way forward and relevant procedures and protocol?

 

With my thanks in advance.



Learning

 2 Replies

Kishor Mehta (CEO)     20 December 2018

You can request the local Municipal authority for a separate property tax assessment for the 14 units and opt to maintain separate accounts for the 14 units from the CHS, thus you can spend for the security of the 14 units and also other necessary expenses. Your accounts can then be collaborated with the Society accounts at the end of the accounting year.

Rajashekhar Rangaraj   20 December 2018

Dear Mr. Mehta,

At the outset, thank you for your response and the recommendations. I have some concerns as expressed below:

If we are to, as you’ve recommended approach TMC (Thane Municipal Corporation) for separate assessment of the 14 Row Houses for Property Tax purpose, will we not need to collect such amount from the 14 members separately and deposit the same in a separate bank account? This by implication would mean that for the 14 row houses, we would need separate maintenance billing, collection, bank a/c, signatories to operate them etc. etc. And, at the end of the FY consolidate our accounts with that of the existing CHS, which would face opposition and be cumbersome.  Also, how legal are such actions and, what are the applicable laws governing the same?  More importantly, will it not be easier for us to create a new CHS for the 14 row houses, if legally permissible and not too complicated a procedure?


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