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Society formation of a project registered under MahaRERA.
21-Apr-2023 (In Property Law)
I own a flat one of the MahaRERA registered project. The project completion date as seen on MahaRERA site was march 2018.
But the builder still has not got the OC. Flat owners have taken the possession of the flats. There are total 20 units of which 10 belongs to builder and 10 belongs to landowners.
On MahaRERA site we can see the co promoters have agreed on revenue share basis. The land owners have put their flats on rental. On MahaRERA site the total flats booked count is 7. Will the flats owners flat come under booked section? What if builder/landowners intentionally don't sell flats so that the total count is less than 51%, is there any law around this so that society can be formed in such cases.
Also now the builder is demanding for full maintenance without society formation. Please provide some suggestions.
Your queries have several questions:
a.Whether the Developer/ Promoter is liable to the allottes if OC has not been received?
b. What is the nature of document which you have executed while you have taken possession, without OC.
c. Whether mis representation in RERA is a liability for the Developer / Promoters? what are the applicable provisions?
d. What is the applicability of a project to be governed in RERA?
Flat owners flat in a redevelopment project is their own and is not covered under RERA, unless additional area is to be covered. a minimum of 8 flats are required for the project to be under RERA, as per law.
As per RERA Act, the Developer/ Promoters are under an obligation to form a Society upon 50% of sale of flats. there is no barrier for the Landlord to lease the flats, UNLESS the same are not kept up for sale in RERA website declaration.
Maintenance is agreed as per the Agreement for Sale and Possession declaration and undertaking, as executed by you. You may ask for statement of expenses from the Developer/ Promoter or Agency appointed. The Developer too is supposed to pay up for the Balance flats towards Maintenance of common areas and facilities, which are unsold.
a.Whether the Developer/ Promoter is liable to the allottes if OC has not been received?
b. What is the nature of document which you have executed while you have taken possession, without OC.
c. Whether mis representation in RERA is a liability for the Developer / Promoters? what are the applicable provisions?
d. What is the applicability of a project to be governed in RERA?
Flat owners flat in a redevelopment project is their own and is not covered under RERA, unless additional area is to be covered. a minimum of 8 flats are required for the project to be under RERA, as per law.
As per RERA Act, the Developer/ Promoters are under an obligation to form a Society upon 50% of sale of flats. there is no barrier for the Landlord to lease the flats, UNLESS the same are not kept up for sale in RERA website declaration.
Maintenance is agreed as per the Agreement for Sale and Possession declaration and undertaking, as executed by you. You may ask for statement of expenses from the Developer/ Promoter or Agency appointed. The Developer too is supposed to pay up for the Balance flats towards Maintenance of common areas and facilities, which are unsold.
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Adv. Sarthak Shah
Mumbai | 100+ Answers
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How many members are required to form a society in Maharashtra?
A minimum of ten members is required for the registration of a society. The government, by exercising its powers under section 7, has granted permission to the Housing Society of less than ten members subject to certain conditions.
What is Section 15 of the Rera Act?
Obligations of the Promoter in the case of transfer to a Third Party of a Real Estate Project (Section 15.) The Promoter cannot transfer or assign the majority rights and obligations in a Real Estate Project to a Third Party without the consent in writing of two thirds of allottees excluding the Promoter and without...
What is the rule 9 of MahaRERA?
Rule 9 of MahaRERA. According to Rule 9.1 (i) in the MAHARERA Rules of 2017, if 51% of apartment purchasers book their apartments within a single building, or wing, the promoter is required to submit an application to Registrar. 29-Aug-2023
What does the agreement say? Was he liable to form the society within a particular period? Please call us for a detailed discussion with respect to your matter as we have some queries.
Adv. Asha Bhuta
Bhuta and Associates
Mumbai
Adv. Asha Bhuta
Bhuta and Associates
Mumbai
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Adv. Asha Bhuta
Mumbai | 100+ Answers
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According to Section 11 (4) e) of RERA Act 2016, it is the promoter's responsibility to form an association, society or cooperative society in accordance with the applicable laws to ensure the smooth execution of the project.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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