Legal Queries

managing committee 12   Election 9   Maintenance Charges 5   Parking 4   MC Election 3   letter 3   AGM 3   Voting 3   Builder 3   Repair 2   Society Handover 2   Nomination 2   complaint 2   Flat Transfer 1   Maintenance 1   Redevelopment 1  
  • Earlier we had provisional committee. The chairman alloted 11 parkings to flat members without approval from MC nor did he alloted it in SGBM or GBM. In one of the SGBM he did mention about alloting the parking on first come first basis and fixed notice on notice board and also mailed to the members on their email id. He did alloted directly to the members in which he alloted 3 parkings to himself. So is it proper and did he allot it rightly. He have taken a underwritten from 11 members saying in future society can anytime take the parking back if they feel something wrong but now he not ready to surrender. He saying parking alloted by him is for lifetime. So can the new committe the parking back from all the committee member and allot it freshly in transparent way like for a year and so and getting some benefit like rent for parking. The old chairman said if parking taken back will challenge the same in court and will get all the parking given by builder cancelled. So is it possible.
    Tags: Parking
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  • Respected Sir, I have been doing follow up for my request to ICICI Bank since Sept 2016, but I could not get valid satisfactory answer from them apart from policy. I bought pre-owned House in Badlapur location and took Home Loan from ICICI Bank. As per process bank took all necessary documents under their custody. After few days I had started original share certificate transfer process from Old owner to new owner (i.e. me). So initially I had contacted bank and they gave me below format which should be fill on Society Letter Head. Purpose of retrieval is "Transfer in own name" Loan Account number: Customer name: Customer Contact number: Request date: Documents required: Reason for Retrieval: AGM date / Date When the name change process would be done: Time when the document would be returned back to ICICI Bank (Date): Society’s complete address with Society name: Society’s contact number: Society timings: Then I went to Society chairperson and discussed as well as mailed him all details but they denied stating there is no such policy to provide letter head to any bank. He even told me no one in the society owners/members in the past had come to them for such request. Kindly help me or advise me how I would retrieve my original share certificate from bank to start process of share transformation from old to new owner. Your insight is greatly appreciated. Thank you, Manesh Ghodekar
    Tags: letter
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  • Currently Builder is running society and we want to take handover of society. How to take the handover from builder that I want to know.
    Tags: Society Handover, Builder
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  • My society is refused to give me letter head format and details to submit in my bank from where I took home loan to transfer my share certificate from old owner to new. Now in this case what should I do?
    Tags: letter, managing committee
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  • Hello sir, I wanted to know if I have not attend General special meeting due to personal reason. Do I have to request for minutes of meeting in writing? Or society by law proactively needs to give min if meet? I spoke to hon secretary he advise me that only AGM's minutes of the meet is given not otherwise. Please advise .
    Tags: AGM
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  • Hello Sir, Thank you for your reply. I have another question, if building goes in redevelopment and 70% member's agree and 30% of member's does not agree ,for the area offered by developer, does it means as per law remaining 30% has to agree? Do the member has all the rights to disagree? Please advise Thank you
    Tags: Redevelopment
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  • We are a 32 member society and The Provisional Managing committee of the society was formed in Feb-2017 after the handover from the Builder/Developer. I have 2 questions wrt election process, 1. Upto what period can the managing committee serve its term i.e 19th Feb 2018 or 30th Sep 2017 (inline with usual election procedure dates as per bye laws) 2. In The Provisional voter list (Form E-3) to be submitted, which names are to be mentioned incase of joint holders of the flat. thanks
    Tags: Builder, Election
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  • This is typical issue in Pune. There are multiple Apartments having seperate registration in one premise having one common main gate. Every Apartment has different number of flats. How to share the common main gate security expenses among every flat holder of different Apartments ? What is legal and correct way of sharing formula ?
    Tags: Maintenance Charges
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  • Dear Sir, our society handover on April 2017 and We got Occupancy certificate December 2016 at the possession time. Please tell us which documents are needs from builder to Society? When we say them about document then they replied after conveyance deed. They also take 1lakh development charge from each member of society but they didn't nothing more to Society. Please help us or meet us
    Tags: Society Handover, Builder
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  • Hello, Our society with less than 100 members had held AGM in September and the old committee term got expired but the same has not been informed to the registrar to conduct the election. Now we have defaulted and it's over 2 months but still no action is taken ahead. Below is my query. 1) Do we need to submit an apology letter and/or submit the relevant forms with voter list and request the registrar to conduct election. 2) Do we need to pay any penalty charges? If yes than how much? Is this penalty recoverable from old committee since it is default on their part? 3) During AGM people selected new committee which although is illegal but can the so called new committee submit the forms to the registrar and request to conduct election. Thanks and Regards, Ritesh Trivedi
    Tags: Election, AGM
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