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BUILDER vs SOCIETY by Adv Pradeep Nambiar

In Author 2, Blog, Mumbai
November 17, 2017
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Housing Society Solutions- Adv Pradeep Nambiar 9987393117

Q- Can the Builder sell open car parking space- stilt and open

A] Builder cannot sell car open parking space –stilt and open car parking as it is part of common area. In The SC judgement , Nahalchand Laloochand Pvt. Ltd. v. Panchali Co-operative Housing Society Ltd… open spaces property of Society cannot be sold by Builder. It has to allotted first-cum-first basis.

State Consumer Commission has ruled that when there is no space available. Then the parking will have to be rotated every year by the way of “draw of lots”…Maharashtra State Consumer Commission- Silver Riddhi Siddhi Co-op soc v/s Yashodeep Aggarwal

The Maharashtra Real Estate Rules allows Developer to sell “covered parking spaces” in Basement, stilts, mechanized or podium but it has to be mentioned in the Agreement.

Q- How do you call a special General Body meeting…?

A] Special General Body meeting can be called at any time at the instance of the Chairman or by the decision of the majority of the Committee and shall be called within one month of the date of the receipt or requisition in writing signed by at least1/5thof the members of the society or from the Registering Authority or from the Housing federation to which the society is affiliated. 5 days clear notice of meeting should be given to all members. No other Business will be transacted apart from what is mentioned in notice.

Q] What is the remedy when Builder does not register the Society..?

A] Under RERA act it is quite clear, The promoter has to form a society within 3 months of the majority of the allottees having booked their flat in the Building. That is within 3 months of  51% of allottees have booked their flats in the society. If the promoter violates the order of Competent Authority, the fine may go upto 5% of the project cost

In other cases, the Society members have to apply to DDR- District Deputy Registrar under non- cooperation, who will then send notice to Builder and registar the Society ex-parte. Offence punishable under MOFA act is sentence till 3 years