In the last decade, instead of going for a flat in a Single /Stand alone building, most home buyers opted for a flat in a Big Complex considering the surge of amenities provided by builders/ developers. Adv. R. P. Rathod says that it's important for the home buyers to realize the Legal ramifications of living in a Housing Complex which are no doubt unique in nature. Incidentally, all the flat buyers in Maharashtra, whether buying a house in a single building or in a big Complex, are covered by the Maharashtra Flat Ownership Act 1963.
Enthralled with the prospect of having Children's Play grounds, Health Clubs, Swimming pools, bus services and the other facility in and around the Housing Complex, very often buyers are lured to opt for Complexes which promise the stars without realizing the Legal ramifications which arise concurrently says Adv. R. P. Rathod.
Firstly, as far as the conveyance is concerned, the builder has to make conveyance with respect to an individual society. As per the provisions of Law, the Land on which the building is standing, in additional to the land appurtenant to it, shall be owned by the society of one building only and will be entitled to benefit from that additional F.S.I.
Secondly, in the case of Building Repairs, when separate societies are created within one Housing Complex, it works out to be a lot better for the buyer. In case a particular society's members fail to pay up the rest of the buildings' members don't have to suffer as a consequence. Even in case, one society defaults in the payment of Property Tax, Municipal tax and other Tariffs, the other societies aren't affected, he adds.
As per the provisions of the MOFA 1963 it is the duty of a builder/ developer to register a CHS within a period of 4 months as soon as 60% of flats are sold. Now in case of a single stand-alone building, it makes sense to form one society, but in the case of a Housing Complex, it's lot more convenient of forming different societies of different wings. Very often, the builder to save on a lot of hassle & money opts to form just one CHS of all wings in a Housing Complex. However Adv. R. P. Rathod points out that, as per the rules governing formation of CHS it is mandatory that separate societies should be formed of different wings.
He further adds that in case, a single society is formed of a Large Housing Complex; several issues arise owing to its very size. It's lot more difficult even to control and attend the regular issues that affect the residents such as water, power and maintenance in such cases becomes a big hassle. Logically it would have been a lot easier if several societies were formed. That way, each society could have its own Bye-laws and ensure their statutory compliance a lot more efficiently than if they were all merged into one. He further emphasis that in case there are 7 wings in a complex and a single society is formed, members generally think that they would have atleast one member from each building to represent them in the committee, but legally speaking that would be incorrect. CHS has to follow certain democratic provisions, which means that you cannot divide seats building wise/ wing wise, it is illegal to do so. What this means? There is high possibility that a committee is formed, which consist of members only from one or two wings & it’s oblivious that these members would be more concerned about their wings, this eventually leads to mismanagement & disputes among members.
To Conclude with he says that there are myriad benefits of living in a Housing Complex as compared to a single/ Stand-alone buildings, however the home buyers need to realize the Legal Complications that could arise from their decision. It could be higher monthly outgoings as compared to single/ stand alone properties and repeated failure on the part of these huge groups of home owners to cater in the case of a colossal complex.