Redevelopment
SAA_Bombay
(Querist) 26 October 2012
This query is : Resolved
Dear Experts, Our bldg is redeveloped recently with rehab bldg & new salable component. my query is as below.
1. How to make new occupants member of society?
2. Do owner society entitled to charge transfer fees?
3. I hope there is no role of developer in this, as it is already mentioned in redevelopment agreement that scoiety will accept new members as thier members.
4. it has come to our knowledge that developer is trying to form new society by changing the name of new wing as he wants to make some commercial space in parking?
5. in this case, what can we do? how to stop developer to form new society?
Please reply.
ajay sethi
(Expert) 26 October 2012
new flat owners have to make application to be admitted as members . you cnat chare transfer chares form new members .
go through clauses of your redevlopment agreement . also agreement entered into by developer with new flat owners .
SAA_Bombay
(Querist) 26 October 2012
Dear Mr. Shetty, Thanks a lot for your reply, can your guide for pt 4 & 5, nothing is written in redev agreement for this. yes, but one clause says that after signing agreement developer will only be a licensee & will enter the premises only for construction work. but bldg is compelte but he has formed a office here & not leaving premises.
ajay sethi
(Expert) 26 October 2012
have you got occupation certificate . wait till OC is issued . you should oppose formation of new society . issue notice to builder that he is a mere licensee
Raj Kumar Makkad
(Expert) 27 October 2012
Parking place cannot be sold for commercial purpose so builder is wrong in its approach. You all have every right to go against the builder before the civil court in case he violates any of the terms of agreement. There are many judgments which prohibit to sale the parking place of buildings for commercial purposes.
Guest
(Expert) 27 October 2012
Agree with experts.
SAA_Bombay
(Querist) 29 October 2012
Dear Sir, Thanks for your reply. I got an RTI copy from Building proposal dept on 27-09-2012. which says "OC for rehabilitated building is issued" but one of ltr which Building proposal send to BMC says " the OC is issued subject to BMC issue a 270-A Certificate & submits same to BP within 3 months" this three month ends on 18-10-2012. We do not now what happened next, i have submitted a RTI for same. So based on this letter can we send letter to new members to become member of society. Secondly, the RTI papers says they cannot say me how much FSI was sanctioned to our building, it says "definition of RTI section 2(f) says RTI can be used for reports, contracts, documents & such records. Since, vide your above application, answers to queries/questions are sought" hence, they are not able to give me required information. now, what to do?
