I am a resident of a new apartment in Mumbai. Ours is new building. The administration is still under control of builder and society registration and formation is not done. Builder plans to handover society by Diwali this year. Since many issues crop up, we formed an Adhoc Committee of Six members who can interact with builder and also assist till society formation. I would like to know:
What Powers are enjoyed by Adhoc Committee. Can the committee collect funds from members for celebrating festivals, providing facilities in building which is not provided by builder, etc. If yes, then in what name Bank account has to be opened and who can operate the same
Can the same adhoc committee be part of final managing committee on First AGM or do we need to form a Provisional Management Committee
I C Naik
Until the CHS is not registered the Builder is responsible to manage the property in its entirety and Ad-Hoc Committee has no role officially. The maintenance is collected by builder who is responsible to keep account of the money collected from flat purchasers. The builder is to call a meeting of the purchasers ho signed the Application for registration of the CHS the Co-promoters) to approve the Proposed bye Laws. promoters . After the society is registered within 3 months he has to hold ist General Meeting of co-promoters (A provisional Committee is appointed to take charge from the Chief Promoter).
As the flat purchasers are scattered and are not in touch with others unless a large number starts residing and yhe builder has unduly delayed the registration of the CHS the members hardly come in to contact and the builder takes important steps with varying concerns for law etc.
AD HOC Committee should give more attention to CHS registration process especially understanding the latest Model Bye laws (2014) with great care and relevant statury provisions as per MCS Act 1960 and MCS Rules. Important provisions are inserted in both in 2013 and 2014 which should be gone in to. Most important is understand the flaws in 2014 Model bye laws and try to incorporate changes therein. Suggest you read my responses to questions of Chandrashekhar Dudharkar on following link.
https://www.indiancooperative.com/cooperative-queries/query-of-chandrashekhar-dudharkar/
