Housing society
SAA_Bombay
(Querist) 13 May 2013
This query is : Resolved
We are redeveloped society with A wing (rehab members) & B wing (new occupants), our developer wants to convert the parking under wing B in shop, which we rehab members are not allowing. We asked new occupants to become member of society but did not recd any response from them. Now, recently, it has come to our knowledge that these new members among themselves have passed a resolution & have appointed our developer as secretary for new B wing. They want to make a separate society of wing B so that developer can take concern of new members & can convert stilt parking in shop. We vide our advocate has written letter to registrar that no new society will be formed without written consent of owner society. Please help us, now what can we do to stop this illegality? Registrar is his man & he does not entertain us. What is the way that we can stop developer from doing anything wrong. Who is the highest authority of Housing Society.
ajay sethi
(Expert) 13 May 2013
it is advisable to form 2 societies for each building . you will have less headaches . please go through development agreement signed by society with builder . does it provide for fromation of one society for 2 buildings ?
SAA_Bombay
(Querist) 14 May 2013
Sir, the redevelopment agreement says that the new occupants will become member of existing society. in case we allow for separate society, developer will open shop in parking area, as a result all cars of new building will be parked in our compound & we will be left with no space.
ajay sethi
(Expert) 15 May 2013
in that case the only remedy is to move court against the builder . obtain injunction restraining builder from forming 2 sociteies .
SAA_Bombay
(Querist) 05 June 2013
Dear Sir, Further to ask one more thing, our developer has completed major construction work, but stilt parking area of new wing is still not made properly, it is covered with metal sheets & way to drive in it is not yet build. Now, he is starting a new redevelopment work in just nearby building. My question is, Can we complaint to Building Proposal Dept. or any other stating that our developer has not completed our work is has started new work ? Further to add our redevelopment agreement is silent on same.
ajay sethi
(Expert) 05 June 2013
be thankful taht developer has completed major construction work these days even after signing redevelopment agreement work is not completed in 5 years although builder says at time of signing of agreement 2 years . when he has completed major work he will surely do balance pending work .
SAA_Bombay
(Querist) 11 June 2013
Yes, The major construction work has been completed, but for this we all member of society are THANKFUL to all YOU EXPERTS on LCI. Our developer was not ready to complete major pending work, but from last one year when we started corresponding to him as per the advice we recd from you all experts, he slowly & slowly started completing the things. His advocate, architect, legal advisor, who were not even ready see us have started taking us seriously. After getting in touch with LCI, we were able to pass a msg to our developer, that in case of any illegality done by him, we were aware of laws & we can catch hold of him. Hence, WE R THANKFUL TO YOU ALL for the change we are seeing today.