Hi Distinguished Lawyer community,
We are resident of Thane, Maharashtra. We have 7 buildings already constructed by builder and part OC given to these buildings. Some buildings got OC 2 years and some 4-5 years back. Except couple of buildings, most got 'part OC' before RERA came in picture. Builder has mentioned in agreement which all owners signed that till project is completed i.e. 3 more buildings are under construction, society will be maintained by builder. Post entire project completion, societies and apex body will be formed. So far builder collects maintenance on quarterly basis and engages vendors , pays then etc. We have un-registered body which works as co-ordinators between residents and builder. This body is neither selected or elected but group of people who are active in society.
Recently we have observed that society is not being maintained properly and vendors are not paid timely. Security is not paid for 5 months etc. Infact we have been asked to pay Re.1 more i..e increment in maintenance charge. We called for meeting where two things were demanded
1. Immediate formation of co-operative housing society and
2. Detailed accounts for audit by us or external auditors as we found our maintenance is highest in vicinity
Towards point 1, he circulated one form called Society Membership Application Form No. 2 and asked to submit with agreement copy. Towards point 2 in meeting he agreed to provide but later did not. On asking why accounts not provided, builder is asking signs of all members that accounts to be signed to some body not registered. Some consultants we approached are saying giving just 1 form while there are 3-4 forms for society formation, builder is delaying society formation too. We need advise as to how to proceed in this regard, shall we push builder to provide accounts or put our energies towards society formation? What is appropriate action to the best interest of members. Happy to clarify if there are any further question on this.
