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Maria   30 April 2021

Bifurcation to the society

This society is in Santacruz, Mumbai. We have two wings A-Wing is the sale property and B-wing is the SRA.

I belong to the A-wing and also the committee member since 2019. I have noticed that the maintenance contribution collected from A-wing is double the contribution of B-wing and nearly 90% of the amount collected from A-wing is being utilised by B-wing.  

Recently in 2017 they carried out a major repair of both the wings and spent Rs. 35 lacs. They started the repairs with B-wing,  did a complete breaking and plastering of the B-wing, utilised most of the amount and spent 3 months to complete the repairs.

When the workers started repairing A-wing. The society held the contractors money with a result the contractor said that they had no money to buy the material and in whatever material they had they completed the work in 1 1/2 month.

Later I got to know that there were two quotes received by the Society - One for complete plaster and another for patch plaster. We continue to have cracks on the external walls and heavy leakage during monsoons. The Chairman and Secretary belong to B-wing who are acting very nasty.

I approached the CEO at the Registrar office who suggested to bifurcate the societies. The registrar office put me on to the contractor who is charging me exorbitant fees.

I would like to know:

1. What is the procedure?

2. What would be the cost for this bifurcation?

3. What are the documents required

4. If the committee members do not allow me to take the documents from the office what is the next step?

5. How long it would take for this procedure of bifurcation?

6. Till the bifurcation happens,  should we still pay our maintenance to this one society or should we open a separate account and start collecting our maintenance separately?

 

Please advise.

 



Learning

 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     30 April 2021

1. Bifurcation of a Society into two societies is a complex procedure.  You will need to coordinate with a lawyer specializing in Cooperative laws and BMC laws for your various requirements.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     01 May 2021

There are broad guidelines, or bye-laws, that every housing society adopts when it is registered for taking decisions on such issues.

As a commitee member you cannot decide about this, you may have to convene a general body meeting or a special meeting, discuss the points raised by certain members  place it before the body, let the discussion take place for and against the proposal.

The body will pass a resolution for approving the decision approved by the majority of the members as per the bye laws of the association.

Maria   22 August 2021

I have written to the society to conduct a special general meeting and take up the bifurcation agenda. 

The society has not called for a meeting. 

I then write to the registrar giving our grievances  and reason for bifurcation. The registrar has written to the society to clarify my grievances. It’s now past 15 days no msg nor clarification from the society.

I did a signature campaign and got a majority from our wing members who are supporting the bifurcation.

Please advise How can I draft my application to the registrar to consider bifurcation without getting the Sara members involved / general body meeting. Can it be applied on any other grounds?

Please help

 


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