Legal Question in Real Estate Law in India

5th February 2011

Dear Sir,

1. Some flat purchasers, Residential of Apollo/Athena building of Raheja Acropolis I Co-op Hsg Society have approached me.They want my opinion with regards to quires pertaining to the management of the affairs of Raheja Acropolis I co-op Hsg Society Ltd.

2. The first query raised is pertaining to levy of charges .The crux of the issue is how should service charges be recovers? It is the submission of some of the residential of Apollo/Athena Building that the builders has constructed 4 towers. In two towers for one flat two agreements are made. For all practical purposes the flat is one Entrance is also one. however agreements are two .The Society was collecting per sqft charges towards maintenance charges in the initial period. All of a sudden without any resolution being passes.teh society has changed the system of collecting money and now money is being collected linked to the numbers of flats. This has resulted in a situation whereby some of the flat purchasers in building Apollo /Athena are subjected to more amount to be paid by them towards service charges as the number of flats are more in Apollo/Athena .The Quersit wants to know what should be the line of action of the resident members of Apollo/Athena, where practically there are two agreements, but in reality it is one flat? I would advise the flat purchasers to approach the co-operative court with a prayer that the money should be collected building wise and separate accounts for each building as regards the said money should kept.

3. The querist wants to know that if a members holds two flats in the same name how many Share Certificates have to be issued? I am of the opinion that irrespective of the number of flats held by the member one Share Certificates has to be issued.

4. The Querist wants to know if there are two agreements would the same be treated as one unit or two units? I am of the opinion that if there are two separate agreements and the building plan reflects two separate i=units definitely the same would be treated as two different units.

5. The Querist wants to know that if they talk in terms f number the members in building Apollo/Athena is 140 whereas the members in building Avalon Atlantis is 98.What would be the best way for the Querist to ensure that the bonafide submissions of the majority are complied with by the Society. I would advise the Querist that a Resolution should be passed stating that any expense above Rs.500/- (rupees: Five Hundred Only) should be incurred only with the permission of the General Body.It should also be emphasized that there should be a Resolution for separate accounts for each of the four buildings and money should be collected by the society and deposited in the four separate accounts for each of the building. No money should be incurred for a neighboring building from the funds of the other buildings. As regards common expenses the working of the same should be shared equally by all the four buildings. Once such a Resolution is passed them the interest of the members of Apollo/Athena Building could be protected in a better manner. The Querist is also informed that service charges should be recovered equally from all the flat holders.

6. This opinion is given with a clear cut understanding that there is no financial responsibility of any nature whatsoever on the undersigned and no other person expected the Querist can act on the said opinion.

Kindly give me your advice.

Thanking you,

Regards,

Manoj Behal.

1404,Apoll,Raheja Acropolis,

Nr.Dutta Guru Society,Deonar,Mumbai-88

E-mail: [email protected]

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