Guidance required under the mofa act 1963
Terence
(Querist) 02 March 2013
This query is : Resolved
Hello,
Would require your suggestion on the below points:
We have recieved a letter from the Builder stating:
That we are not allowed to use open spaces, parking spaces, still portions, lobbies, staircase, recreation spaces, walls, compound walls, terraces & garden etc as it all belongs to the builder
That the owners are illlegally parking vehicles without his permission in the complex. Also, that the flat owners are using the openspaces for their functions and thereby creating nuisance.
He has also said that he will stop the water facitily if dues not paid within time.
Kindly refer to our facts:
We are a registerd co-op hsg society formed in july,12 and it was with non-cooperation of the builder. Our society was formed after 10 years inspite of 60% of the flats being sold out long back.
Our building consists of 16 flat members, out of which one flat belongs to the builder in which he has his office.
The builder has not yet submitted the agreemnt copy which he was supposed to submit. We have been looking after the maintenance of the Building for the last 4 years and paying all the bills for the building, in relation to the water dues the builder does not pay the maintenance for the last 4 years and we were planning to waive off the water dues through the maintenance that he owes, we have also sent him a letter providing for a break up of the amount that he has asked for and that was in march,12. but has failed to provide us with the break up.
My questions to you is can you please share your suggestions in relation to the MOFA act,1963.
I believe after the society was formed open spaces, still portions, lobbies, staircase, recreation spaces, walls, terraces, belongs to us and not the builder as we are now a registered societyb and maintaining the same at our end. Any changes for and within the building will no longer require his approval. let me know if i am right.
Can you please share your suggestion on the parking of bus and rickshaw that one of our flat owners owe.
It is just our building in the entire complex that has formed a society and it was without the co-operation of the builder.
Can you please let me know of your inputs as i need to draft a letter back to the builder and your valued inputs should be of very help.
Terence
(Secretary)
Raj Kumar Makkad
(Expert) 02 March 2013
Reply the notice with the help of your lawyer and make a strong complaint against him before the registrar and even then if he do not follow the law of land, make police complaint against such person.
Terence
(Querist) 02 March 2013
Thank You Sir,
But can you please share some light, I mean am i right for the below points and what should your answer be on the parking spaces and all the areas that he has specified; Can you please share your suggestion on the parking of bus and rickshaw that one of our flat owners owe.
Can they not park their vehicles within the complex.Can you please provide me with certain sections that i can comply with.
Terence
ajay sethi
(Expert) 02 March 2013
conveyance has not yet been given by the builder . society is not yet owner of the land pn which building stands . builder has no rights over common areas . he has no power to sell parking slots . ask the builder to issue conveyance in favour of society as all flats have been sold .
if builder does not give conveyance proceed for deemed conveyance
Raj Kumar Makkad
(Expert) 03 March 2013
Parking space cannot be sold by builder as the same exclusively belongs to the members of the society may it be formed or not but at least builder has no right to recover any amount against such sale. Making complaint to the registrar is the only remedy in your case.
