• Other Housing society

A society has been registered as an Other Housing society by a 25% of the bunglow owners as the developer was delaying the handover of the project. 
Now the society that has been formed is informing everyone that joining them is mandatory and that the rules that they decide is applicable to everyone . They also have sent joining charges and maintenance bills to all owners that they claim has to be now paid to them on the rates they have decided in their society meeting.
This society formation has not yet been disputed by the builder but the question here is that :
1. are all other bungalow and plot owners bound by this and have to become members and pay maintenance to the newly formed society?
2, how does this impact those who don't want to sign up as members of this society till the issue is sorted and the registered society has complete control of the project.
Asked 4 years ago in Civil Law

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9 Answers

If this 25% owner does not constitute majority of all allottees booked in the project of one single phase or the entire project otherwise, the formation of the society shall be illegal and not binding upon other members.

In such case builder must continue with the maintenance of the project.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1) you have not signed any application form for being member of society

 

2) you need not be member of the society 

 

3) call meeting of all  plot owners to resolve the issue 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Any 10 members can form a society. And society rules are binding on it`s members only. Whoever dose not join the society barred for using common facilities. .

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. are all other bungalow and plot owners bound by this and have to become members and pay maintenance to the newly formed society?

no the other plot and bungalow owners are not required to join this society. The other plot owners can form their own independent society. The plot owners who are not members of the society so formed will be liable to pay maintenance to the builder and not to that society
2, how does this impact those who don't want to sign up as members of this society till the issue is sorted and the registered society has complete control of the project.
it does not impact the other plot owners. They cannot be compelled and forced to become society members of society which is formed by few of the plot owners. The builder can form an apex society in which the society so formed of 25% plot owners and the society that will be formed of the remaining plot owners, can become members.

Yusuf Rampurawala
Advocate, Mumbai
7509 Answers
79 Consultations

5.0 on 5.0

If the 51% sharing ratio of owners has in the favor to form the society than other members has to obey rules and regulations of the society as per MCS Act.

Now if any member has any issue related to finance, facilities, incomplete project and future services can contact to society's body and they will fullfill all requirements on behalf of builder or developer or get done by builder while taking handover from him.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

The consent of a minimum of 60% of the total number of flat purchasers is required to form a Co-operative Housing Society. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The formation of society is a collective effort. If you want to oppose you need strong will and agression to do so with valid legal points

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Yes if builder have given them the accounts and balance maintenance amount then all members are bound to pay maintenance to newly formed society.

It doesnt have much impact on the members who dont want to join the society at this stage but at some point of time you all need to join the society and pay the maintenance for welfare of society.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.  Without formal handing over of the building  to society by the builder, the self styled society which has few members under its roll cannot compel the other members to become the members of the society mandatory and cannot demand the charges for maintenance as a rule from the owners who have not become the members of the society  which has not taken over the entire complex.

2. You may approach the builder ans ask him whether he handed over the complex to the society yet or not and all the unwilling owners can object and refuse to comply with the demands made by the society, let them take any legal action, which can be challenged on the basis of validity or maintainability.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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