Builders problems and society formation
Amit Kulkarni
(Querist) 06 January 2014
This query is : Resolved
I purchased a flat in Jan 2013 in Pune in a apartment having total 10 flats. Out of 10 builder has owned 6 and 4 of them are still vacant. He is now selling 2 more flats out of 6. We have a lift also in our apartment .Following are my queries regarding this situation:
1. Can we form society though there are 10 flats and builder is owning more than 50% flats?
2. If we can not form society then we have to form Apartment. The deed is not done yet, can we force him to execute that as soon
as possible? Will there be any clauses in Apartment deed that are not in favor of flat owners?
3. He is taking monthly contribution towards common light bills from the flat owners who are currently residing in their flats
(total 5 including him). What about the vacant flats he is owning? Can we ask him to contribute for those vacant flats? if yes then please specify the %.
4. His behavior is rude and he enquires each and every person for entering in the premises. Some incidents happened e.g. he
threatened the TATA SKY serviceman who came for changing set top box.
5. He is again forcing us to keep a watchmen for taking care of common lights, water and cleanliness though it is not needed for
only 5 residents and we all don't agree with this. He is again forcing us to contribute towards CC TV cameras, Solar system. For all these things he is not calculating amount against 10 flats, he wants to devide this within the current residents (total 5 including him). How can I face this situation?
6. He has also not provided the Letter box to anyone.
ajay sethi
(Expert) 06 January 2014
to Register Co-op. Housing Society, Minimum 10 member are required.
Less than 10 members Societies are also Registered as per M.S.Govt. Ordinance No. 1094 and 277/14 Dated 10/03/1995. But such member's flats should be less than 700 Sq.ft. Carpet Area.
i presume that OC has been issued by muncipial corporation. builder is bound to pay maintenance for unsold flats . however generally builders refuse to do so relying upon clause in agreement wherein for unsold flats builder wont pay maintenance .
you can issue legal; notice to builder to pay for unsold flats too .
Amit Kulkarni
(Querist) 06 January 2014
should we 5 flat owners agree to pay for CCTV and Solar water expenses in stead of all 10?
ajay sethi
(Expert) 06 January 2014
dont agree . all flat owners should pay .
Rajendra K Goyal
(Expert) 06 January 2014
Well advised by the expert ajay sethi ji, builder should pay for the unsold flats.
Amit Kulkarni
(Querist) 06 January 2014
As you said "to Register Co-op. Housing Society, Minimum 10 member are required". Is it okay if builder owns multiple flats, still he would be counted as single member or different member for each flat?
Devajyoti Barman
(Expert) 06 January 2014
He would be treated as owners of number of flats he holds.
Amit Kulkarni
(Querist) 07 January 2014
with reference to ordinance No. 1094/15165 and 317/14C declared on 1-8-2001, we can not take more than 10% of maintenance charges for non-occupied flats. Will this be correlated in this situation?
I have downloaded the pdf copy of this ordinance and not able to upload for your reference.
