Housing Society Bifurcation
9 months ago
We have 11 towers in our society, of which buildings A,B,C and D were formed in 2015 and later on the work continued till 2022 to complete the remaining 7 towers viz. E,F1,F2,G,H,I and W. In the meantime Society was formed in October 2020 but builder did not inform us regarding any of the society member either verbally or any communication through letter. As per the law builder has to handover the society within 4 months after formation and as it was not done because of so many reasons, he handed over the society in presence of Govt official of Registrar of the Housing Societies Office of the Govt Of Maharashtra on 18th FEB 2023.
Initially everything was Ok but later on disputes and allegation started. Owners of one building are not paying the maintenance instead they were demanding for all the documents and conveyance deed right now and unless and until committee does not fulfil their demand, they are not going to pay the maintenance. Because of this attitude of the flat owners of that building, other building members are suffering from basic amenities like water, house keeping, common electricity bill payment etc. Other building owners questioning, why those flat owners are not paying the maintenance and we are also not ready to pay unless and until all the owners of that building pay the maintenance.
Committee told all the flat owners that Society Handover is not a one day job and it is a lengthy process and takes few weeks or even months to get complete. We need to check all the previous dues if any not cleared by the builder and depute a legal advisor for smooth functioning. That building personnel asking to depute Govt. Administrator instead and most of the owners denying as it would be very hectic and expensive.
We are concerned with the 4 buildings viz. A, B, C and D which were formed in 2015 and we all have better coordination amongst residents of all 4 buildings. Now my question is
1. Can we (A, B, C, D) have option to separate from entire 11 buildings ?
2. If so Can we get common amenities like club house, Jim, swimming pool etc?
3. If splitting of the society is possible, can we arrange for water at our own without taking into consideration existing society?
We would like to let you know that once a society or flat owners association is established and registered with the housing department of the relevant State Government for the entire housing complex, the society or association is governed by its bylaws and cannot be divided as per those bylaws unless and until it is approved by the appropriate authority. Regarding question no. 2, it should be mentioned that upon payment of common maintenance fees, you have access to all amenities and facilities as a member of the society or organisation.
As regards your query no.1, it is to inform you that once a society or apartment owners association is formed and registered under the Housing deptt. of the respective State Govt. for the entire housing complex, the society or association is regulated by its Byelaws and a part of that housing complex cannot be separated as per the Byelaws of the society until and unless it is permitted by the competent authority. As regards query no.2, it may be noted that as a member of the society or association you are entitled to all the common facilities and amenities on payment of common maintenance charges. As regards query no.3, it is to inform you that the supply of water, and electricity to a housing complex is the responsibility of the concerned Civic Authority, Municipal Corporation on receipt of property and State Electricity Board once it is approached by the Society or even by the individual flat owners through mass appeal to the concerned authority. Hope, your queries stand clarified.
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