Co Op Hsg Society in Andheri, Mumbai going for Redevelopment and Builder refuses to show Plan of new building to the existing Members stating that first DA be finalized then only he will part with Plan to the Members. This also in contradiction with stipulations in Bid documents that clearly states that DA Agreement documents shall consist of " All Proposed Plans with Sections and Elevations." My Query : 1) Is it not Mandatory to attach new Plan duly approved by Members in DA Agreement. 2)Is builder justify not parting with the Plan for Members Approval before giving Consent of Approving DA Agreement. 3)What are the relevant Clauses under various Laws like RERA/MCS/MOFA etc.and Mumbai High Court Rulings on this issue.  CHS, property-related issues
Dear Mukhatyar, What you say is correct. If builder is not showing you his building plan, then you society members cannot approve the plan. Without showing you the building plan, you will not know...Read More
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I am a Senior citizen and I own a property at ULWE (purchased in 2014 from the builder directly) which has been given out on rental basis. I also had purchased a stilt parking also from the builder and one was allotted to me. The parking allotted to me was the first stilt parking in a row of approx 4 cars, and involves a nearly 90 degree turn to get into my parking. A few months back there was a change in the commitee members of the society. The new society has constructed stone benches (1) just outside the entrance into my parking bay where I have to turn into my parking (2) another bench just behind my parking which is in the way of my reversing out of the parking bay. (3) Another bench near the forward end of my parking; Upon noticing the unauthorized stone benches, the society/secretary was contacted by email and whatsapp privately on his personal whatsapp and when there was no response then on the group/society whatsapp. A written compaint has also been despached by speed post a couple of days ago. Despite telling the society that An encroached stone bench ahead and another stone bench behind the parking slot, affects the turning and manouverability space of the larger 4 wheelers, they refuse to seen reason. and say The society/managing commitee says "There is no misuse of society powers. The beach area is meant for use by all society members, including senior citizens, and the decision has been unanimously approved by the commitee" However I into whose allotted parking space the intrutions were being made was not consulted/informed not the general body of the society. Telling the commitee that If the benches were permissible by law the builder himself and/or the earlier society office bearers, would themselves have installed it at various places around the society premises. falls on deaf ears" What should I do next to get the illegal encroachments removed from my allotted parking spot and its surroundings. Your advice would be appreciated  CHS, property-related issues
Dear Thomas, Under Bye-law No 174(B)(iv), by hiring the service of an experienced advocate, make a Complaint against your Society, for your parking issue, in a Co-operative Court. It will solve...Read More
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