Query from Anandrao Garud

Dear Sir,

I am from Navi Mumbai, Maharashtra. I am one of the members from Temporary Working Committee elected by members at our First Meeting of the Society. We are facing below issues, kindly suggest us on same,

Basic info :

Builder handover flats to Residents from Dec 2016 & Upto Mar 17 alsmot 80% flats was allotted by builder, Till Mar 17 Builder spent on Society for regular Expenses, but From Mar 17 he said more than 80% flats are sold & allotted and the expenses are very high, he will not look after Maintenance of Society, so members should start collecting maintenance & run you all members. But that time very few members were stay in Society for basic services like Housekeeping, Common area Light, Water pump & Security expenses members decided to start maintenance and approach builder to start collect maintenance on behalf of society & run Society till Committee Formed. builder agreed and started to collect maintenance from Members from Mar 17 @ Rs. 1.5 per Sq. ft. Out of 81 fats 65 flats was sold, but out of 65 flat owners only 24 members paid maintenance to Builder for 6 Months. Rest of the members avoid to pay due to internal issues in flats. When First rainy season came, almost all members faced leakages issue, so again all members approach builder to remove leakages. Builder ready to do, but he not done properly & members were not satisfied about the work and stop paying maintenance.

Means from Mar 17 to Aug 17 Maintenance was paid by 24 Members and then NO one paid to Builder. Till Jan 2018 Builder run the Society as some flats was pending to sale. Form Feb 18, Builder stop all services , at that time some members come forward and paid necessary services dues from Own pocket for 3 Months. In Apr 18 again all members come together and appoint a TWC to regularize all services.

TWC started regular works & for the main Point was Maintenance Calculation. So TWC take decision collectively to collect maintenance as per Bye laws Rules We calculate & share all working to available member in Society As well as to members who was in touch with us on Society Whats app group.

Points are below:

1. PWC Decided maintenance was not acceptable to new members who came after 3-4 months from decided and not paid maintenance.
2. PWC also decided to collect Maintenance for Period Mar 17 To Mar 18 (Builders Duration) from those who was not paid to Builder. For this more than 50% members support and paid maintenance. But rest members oppose to pay stating this is Builders maintenance we will not pay to society will pay to builder. Started abusing TWC members
3. Due to above two points regular Maintenance payers also disturb and raising query with TWC what to do on this cases?
4. Due to this issues TWC members stop all works and declare no work/ service will provide. Then also some members come ahead from TWC and start work for reelection to get clear all issues asap.
5. Now Election declare and asked to submit nomination for elections, but no one members are read to participate in election and not ready to take in charge.

Election is cancelled one time and postponed for next week, If on next date also no election happen then what to do?

I C Naik

Your society is facing teething troubles. It appears for most members this could be their second home. They are waiting for some members to take responsibility. Builder has set up an interim committee according to you but that is not adequate information to advise you. The Society is in its infancy and unless 4 or 5 members take initiative to manage the handing over from builder with mutual understanding the consequences are unimaginable.

Since you have taken this much trouble there are hopes for the Society. If your interim committee (looks more an informal ad hoc Committee sort of hand over Committee) can hold a handing over meeting.

For further steps I need to know your

1. Society’s registration Number and date of registration.
2. Date of constitution of Temporary Working Committee.
3. Number of flat purchasers present at above meeting.
4. Total number of flats in the building.
5. How many have been allotted by the builder?

You have a lot to do. In fact you are very late but now go by the maxim better late than never.

For permanent Committee one year is available to temporary committee. So more attention be given to organize the functions and services of the Society ASAP. If a permanent committee not elected within 12 months from the date of TWC ‘s election, the Registrar will send his officer to take over management of the Society and elect a committee.