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Sarla (Buss HR)     10 June 2011

Can Adhoc Committee collect society maintenance charges

 

Hi,

Greetings to the panel .

Yesterday we had a meeting with the officer of the Registrar of Society-CBD-Belapur , wherein they said that Adhoc Committee period is only for 1 year , also the objective of Adhoc Committee was to form the society. Adhco Committee is not a legal body. Also they cannot work for 4.5 yr in name of Adhoc Committee, Huge Huge civil work is being carried out which is not needed & other huge transaction is going on without the knowledge of the members , without any meetings.

Since the objective to form & support Adhoc Committee was to form the Society , which is not done as of now from almost 4.5 yrs.

The officer told us not to pay the Adhoc Committee the charges , they said they will issue a legal notice to this Adhoc Committee as today there is 100% occupancy , but still the society is not formed since 2007 also handing over all the necessary documents & supporting papers & including payments for same for society formation.

Still there is no single initiative towards the formation of the society , not even application has been made to the registrar of the society.

 

Pl guide us on same for a clearer understanding.

Pl note

Our commercial complex recvs apprx 4-5 lac rs which is 50% of the toatl rent from telecom tower & the rest 50% of rent is received by the builder ,earlier the Adhoc Committee never charged any maintenance charge from the office bearers . Even today builder is getting appx 4-5 lac rs per month as income from rent. So even he is least bothered to form the society.



Learning

 1 Replies

Advocate Rohit (Advocate)     07 November 2012

if there is 75% occupancy then the registered society can be formed. It is always advisable to form a registered society as the memebrs will have a lots of benefits ad the builder wll not have any sa in the working and day to day affairs of the society.

 

further, conveyace of the building is must so that society shall have ownership on the land also. incase the structure/building collapse due to earthquake or sabotage, then the builder shall have a right over the land and memebrs shall have no right on the land.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


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