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SOCIETY RIGHTS&RESPONSIBILITIES by Pradeep Nambiar

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Housing Society Solutions with Adv Pradeep Nambiar- 9987393117

1] When should a Housing Society be formed by the Builder, what is the remedy in case of Breach ?

A] As per the RERA act ,2016 sec 11-4(E)….enable the formation of an association or Society , in the absence of local law….within a period of 3 months of the majority of allottees having booked their plot or apartment or building, as the case may be in the project….

The Maharashtra Real Estate Rules, 2017 is absolutely clear….”the promoter shall submit the application in that behalf to the registrar for registration under MCSA, 1960 within 3 months from the date on which 51% of the total number of allottees in such building or wing have booked their apartment….

in case of Breach, the Authority shall by an order direct the promoter to apply for formation of such legal entity or may authorize the allottes to apply for formation of such entity…

Any order of Authority if violated , the promoter will be charged penalty of upto cumulatively 5% of the project cost….

Immediate relief is obtained under RERA

2] Can a motion of no confidence be brought against the office bearers of a Housing society…

A] The officer of a Society shall hold office for a period of 5 years from the date he has been elected

He or She shall cease to be the Officer, if the motion of “No Confidence” is moved in the special meeting of the committee called and presided by the Registrar or such officer not below the rank of a Assistant Registrar upon the notice given by 1/3rd Members present at such meeting, who are entitled to vote at the Election….

Provided further that another motion of “No- Confidence” shall not be brought unless the period of 6 months has elapsed from the date of preceding motion of “No-Confidence”

3] Do you need Society permission for addition-alterations to flats…?

A]  Bye-Laws are extremely clear….No member shall without the previous permission of the committee in writing, make any additions to or alterations in his flat…

The member desirous of making any additions to or alterations in his flat shall make an application to the Secretary of the society, giving all required particulars.

No structural changes are permissible, without the prior permission of the concerned Competent authority- in Mumbai it is the BMC

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