Society maintenance - mumbai cooperative housing society

Sir,

[1] You are responsible for the previous dues of the Society; [2] Society can not collect maintenance charges for the period prior to its registration, that is the prerogative of the builder/developer; [3] Society has to allott parking facility to all members as per the prevaling CHS Bye-laws; [4] Society can deny parking facility to tenants of the members if such resolution is adopted at the AGM.

Good Luck,

Kishor Mehta

very many thanks for your reply, really appreciated  but i am still confused why my responsibility starts from before even i owned it by way of gift ?  it is society managing committee's responsibility to clear old due before transfer and it is my impression that no society will transfer to new owners till old dues are paid off 

also as to parking, let say i have been given one parking spot ( open space ) and i park my car, tomorrow i want to rent my flat then i can keep my car parked or society can ask me to move ? 

society has failed to give me access to books, copies of board meeting minutes, communication between society and builder who still keep adding floors, lots of irregularities, mismanagement, misuse of power by committee members, what my recourse here, should i approach dy registrar - what is his role / powers as to parking / etc  

best wishes

Sir,

i presume the property under reference is in Maharashtra:

[1] The assets and liabilities are primarily attached to the property and not to a person, society should have been more careful before admitting you as member, however that does not absolve you of the previous liabilities attached to the property.

[2] If you give your flat on rent, you can keep on using the parking space for your car. Your tenant may or may not be allowed to use the parking space as per the resolution adopted at the AGM.

[3] As per the Maharashtra Bye-Laws of CHS the builder/developer is mandatorily obliged to transfer the property rights to the society within four months of the registration of the society.

[4] For any and all of your grievances about the acts of the society, primarily you have to write to the society and seek explanation, and if there is no  explanation given in writing, or if you are not satisfied with the explanation given, then  you can make a complaint to the Dy.Registrar as per Appendix 28 of the Bye-laws of CHS, and follow up the matter with an application under RTI, if the Dy.Registrar fails to take action. There are other legal avenues of approach, but these are unnecessarily costly and time consuming.

Good luck,

Kishor Mehta

once again, thank you for your guidance / suggestions

society is really in bad shape due to various issues with Builder who has not completed the construction of additional floors and no OC is given,  chair who had vested interest, has taken lead role in getting society permission to builder for 3 additional floors over 7 story structure, of these 3 floors, chair has bought one floor for his daughter which he never disclosed at the time of seeking approval ( conflict of interest ) and now builder has put up 5 additional fllors over 7 story structure instead of 3, failed to deliver what he has promised such as stack parking, handsome ( god only knows what this means ) amount towards society funds, etc.  Builder has failed to deliver this and now society has filed law suit against builder in delhi consumer court, 11&12 floors as per society are illegal and hence not accepting them as members of the society however they are enjoying even parking , water, lift , etc but not paying anything , i would like to know your contact info, so i can meet 

once again, thank you 

Sir,

From your account it appears that the case of your society is in an advanced stage of litigation, you may approach a practicing attorney for advice and help.

I am stationed at Mumbai and available on 919869313951 on weekdays between 2 & 6 pm, I shall be glad to be of help, but please understand that I do this as a social service and do not attend a Court of Law.

Good Luck,

Kishor Mehta

noted w/care

thank you