Pune News, Pimpri-Chinchwad News
Pune, 7th September 2022: Many builders reserve the rights of common space and increased FSI while doing the Deed of Declaration. If a tenant fails to pay maintenance in an apartment, the matter goes to the civil court.
Due to the lack of control of the Cooperative Department, the society is facing other difficulties including maintenance. Therefore, at present, the trend of flat owners in apartments is increasing towards cancellation of the apartment and registration of co-operative housing society. More than fifty apartments in Pune and Pimpri Chinchwad cities have been converted into cooperative housing societies.
“Builder’s permission has to be taken while cancelling the apartment and registering the cooperative housing society. But once the declaration is made, there is no need to go to the builder. Dear Society Welfare Association has requested the District Deputy Registrar that this illegal condition should be cancelled by the Cooperative Department. The district deputy registrar has written to the cooperative commissioner in this regard, and he should take a proper decision at the earliest,” according to Yuvraj Pawar, president of Dear Society Welfare Association.
Difference Between Apartment and Co-operative housing Society:
Provisions of Apartment Act:
-Difficulties in management due to lack of adequate provisions in the Apartment Act.
-Ownership of the land to the tenant.
-Maintenance charges are based on the area of the flat.
-There are no clear rules regarding dues recovery or election.
-One has to go to civil court against the defaulter.
-There is no provision to issue share certificates to the members.
-Voting rights for the first owner in the apartment.
-Non-occupancy charges cannot be levied if flats are rented out.
-Audit is possible through any CA.
-The registrar has no authority to examine the affairs of the apartment.
-There is no provision to appoint an administrator.
Provisions of the Co-operative Housing Societies Act:
-Ownership of land in a housing society through a ‘conveyance deed’ in the name of the society.
-Equal maintenance for all in society.
-Rights to recover arrears.
-Share certificates and voting rights with each member.
-Clear rules of the election.
-A member of the executive committee can be removed from office if he/she is acting arbitrarily.
-An associate member can vote with the permission of the original owner.
-If the flat is rented out, ten per cent of the maintenance fee can be charged additionally from the owner.
-Mandatory audit by panel auditor of Cooperatives Department.
-The registrar is empowered to examine the society or to appoint administrators.
-Flat transfer value can be charged. Misbehaviour may result in the cancellation of membership.
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