I am the sole owner of my flat in a cooperative housing society in Mumbai. My company has provided me with a car as a part of my perks. The society allotted me an open parking space subject to payment of parking charges applicable to non-members, as the car is registered in my company’s name. Please advise.
Prashant Prabhakar, Mumbai
The society’s stand is contrary to the bye-laws of the society. The society cannot treat you as a non-member just because the vehicle is not registered in your name. Model bye-law No 81 provides that a member, having a motor vehicle, will only be eligible to have stilts or a parking space. Members are eligible for being allotted more than one stilt or a parking space for parking the car allotted to him by his employer. If any stilts or parking spaces remain un-allotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or the parking space. You may inform this provision of the bye-laws to your society and request to issue a revised bill by levying parking charges applicable to the members. In case of denial, you may approach the Cooperative Court.
I and my brother are the joint owners of a flat in a housing society in Mumbai. Can we nominate two different persons individually?
Danny Limbekar, Dombivli
The joint members may jointly nominate one or more as their joint nominee. Further, the individual members can also file individual nominees in according to their share in the property. The nomination form shall mention that the nomination is with respect to the percentage of share held by such joint member. There is no charge to record the first nomination. The member/s can change such nomination submitting the nomination form along with the charges. Such nomination will be implemented on the death of both the joint owners.
I purchased a flat in 2018. The developer has not yet received OC from the BMC for the project. Since the project was delayed we have taken soft possession and occupied the flat since 2021. The developer is collecting maintenance charges from me without formation of the society. Is it legal?
Anita Vasaikar, Vasai
Real Estate (Regulation and Development) Act, 2016, and the rules framed thereunder, require every developer form a society upon selling 50% of the flats in the project. Further the developer is required to maintain the premises till the OC is received. If the project is registered you may file a complaint with MahaRERA or with the Consumer Commission irrespective of such registration. Upon formation of the society, the developer is also required to pay the maintenance for the unsold flats in the project.
(Starting today the FPJ will carry a column every Monday on issues pertaining to cooperative housing societies. The questions will be answered by Sharmila Ranade, a legal expert associated with the Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com)
