Shirish Shanbhag, an expert who helps people draft legal documentation related to co-operative housing societies (CHS), Right to Information (RTI) and other areas, said several issues in CHS can be resolved by simple methods like writing to the Society Secretary, Deputy Registrar of Cooperative Societies.
Sometimes, there are fights between housing societies and individual apartment owners, as well as outsiders. Many flat owners do not know how to proceed with their complaints.
There are several issues in a CHS, like car parking, leakages, fraudulent auditing, unauthorised construction, and many other issues. Home owners need to know the right recourse to take action to ensure that their rights are maintained and upheld.
The round table on CHS issues was meant to allow face-to-face interaction with Mr Shanbhag and was kept limited to 25 persons, based on those who send the synopses of their problems first.
Here are some of the questions people raised and the answers provided by Mr Shanbhag…
Terrace Flat / enclosed
Q: Can a CHS society levy service charges on an enclosed terrace flat?
Ans:
1. Find out whether this terrace flat is officially owned by the CHS.
2. File RTI to BMC’s building proposal department.
3. Maintenance charges are applicable to all types of flats in a CHS.
Q: What are the tax implications of an additional area allotted during redevelopment of CHS? Who is liable to pay such tax?
Ans:
1. If additional area is given free of charge in redevelopment then stamp duty is payable on all area.
2. Stamp duty would be levied on construction cost based on original.
3. Stamp duty on the additional area would be charged at market value.
4. Tri-party Agreement for Alternate and Permanent Accommodation needs to be signed between the flat owner, builder and the CHS. This agreement should be signed only after passing the building development plan.
Q: Municipal record shows the plot of our society in the name of one of the brothers of the land owner and his heirs. How can we get the plot transferred in the Society’s name?
Ans: Since the CHS is an old one, you will have to go for deemed conveyance. Send letters to the landowner or their legal heirs asking for copies related with the property. Call a special general body meeting (SGM) to discuss the deemed conveyance and appoint one or more members as authority to deal with the procedure. Visit, Dty Registrar’s office in your area, find out who is responsible for the deemed conveyance. Collect info about documents required for it. Submit your application.