We vacated our building and handed over possession to the redeveloper two months ago. However, he has so far not registered the project with MahaRERA. Is the registration to be done before vacating an old building?
– Anjani Kumar Shrivastav, Mulund
Firstly, any project having eight or more flats or where the area of the plot is more than 500 sq mts is required to be registered with MahaRERA. If your project does not comes under the above category, then the registration with MahaRERA is not required. However, if registration is indeed required then it has to be done upon obtaining the required permissions, approved plan and the commencement certificate (CC) of the BMC. Section 4 of the RERA read with Rule 3 of Maharashtra (Stamp Duty, Registration of Projects, Registration of Real Estate Agents, Rate of Interest and Disclosure on Website) Rules, 2017 specify the documents required to be submitted for registration of the project. You are required to vacate the premises upon receipt of Intimation of Disapproval (IOD) from the BMC. BMC will not grant CC unless the flats are vacated and the building is demolished.
CC is granted on a vacant land as per the MRTP Act. Your Developer may be in the process of obtaining CC. Please take note that presently only the sale component is getting registered with MahaRERA and not the rehab one. However, you may file a complaint with MahaRERA for non-registration of the project, if your developer proceeds with the construction without registering the project.
A member of our society has not paid his dues. Can the society initiate proceedings under Section 101 of MCS Act for recovery?
– Lakshmi R Shinde, Kanjur Village
Pursuant to the amendments to the MCS Act in 2019, Section 101 is not applicable to the Cooperative Housing Societies. Section 154B-29 is the new provision for the recovery of dues from the members. Your society can make an application to the registrar for issuance of recovery certificate for its dues or recovery of its repairs, maintenance, construction cost and service charges along with the statement of account of arrears and other supporting documents.
The the registrar can make inquiries, and if he deems it fit, he may grant a certificate for the recovery of the amount stated therein to be due as arrears. The registrar also has suo moto powers to issue the recovery certificate if any member points out to him that the society is avoiding taking action against the defaulter. Such certificate is the conclusive proof of the arrears stated to be due therein and the same shall be recoverable as arrears of land revenue as per the Maharashtra Land Revenue Code, 1966. The collector and the registrar can take precautionary measures as per the applicable law until the arrears due to your society together with interest and any incidental charges incurred in the recovery of such arrears are paid or security for payment of such arrears is furnished to the satisfaction of the registrar.
How can members remove an inefficient and non-functioning secretary?
– Subrato Bhattacharjee, Powai
Every managing committee, at its first meeting has to elect the office-bearers i.e the chairman, secretary and treasurer. The term of such office-bearers is five years from the date of election. The secretary's post is significant in the management of the day-to-day affairs of the society. Members can file a complaint with the managing committee against the non-functional secretary. He can be removed by passing a no-confidence against him. At least 1/3rd of the managing committee members are required to give a notice of “no confidence” against the secretary to the registrar. Your secretary shall cease to be an office-bearer if the “no confidence” motion is passed by 2/3rd majority of the managing committee.
Please note that if a such motion is defeated, another motion of “no confidence” shall not be brought against the Secretary by the society unless a period of six months has elapsed from the date of preceding motion of “no confidence" (Bye Law 125).
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat. The questions, in brief, may be sent to fpjchs@gmail.com
