Roles & Responsibility of a Non Registered Ad Hoc Committee
We stay in a building in Navi Mumbai (Kopar Khairane) which is 5 Years old, but still the builder has not proceeded for OC and also has not formed / registered the society.
In Feb 2014 few occupants formed an ad hoc committee and took over the society maintenance from the builder. Also the builder mutually agreed with the ad hoc committee to collect the maintenance charges and manage the same.
During the AGM held on April 2015, the ad hoc committee increased the maintenance charges from 1.5 Rs psft to 2.25 Rs psft mentioning below points:
1) Approximately 25% of the members have not payed the maintenance, so to tally the loss
2) Water bills are charged on commercial rate since OC is not yet provided.
During a SGM in August 2015 the committee members informed that they are planning to return back the maintenance to Builder as they are unable to handle it. While now the builder is not ready to take back the maintenance of the society, few more new members have decided to take over and run the Maintenance of the Building.
Queries are below:
1) Does the ad hoc committee has the rights to charge maintenance without registering the society or before getting OC
2) Does the ad hoc committee has the rights to increase the society maintenance without registering the society or before getting OC.
3) Does the ad hoc committee has the rights to impose interest on non payment of maintenance charges by registered members of the building without registering the society of before getting OC
4) Does the registered members (resident owners or let out property) of the building has the rights for not paying maintenance charges (or increased maintenance charges) since OC is not yet available and the water charges are presently charged on commercial rate.
Please share your response. Thank you