Your Housing Problems & Solutions
Name Change
Q: Our existing society underwent redevelopment along with adjacent plots and new building has come up. I wanted to know whether the name of the existing society can be changed and a new name can be adopted in its place under the same society registration number. If so, under what law or by-law of the Cooperative Societies Act will I be able to do this?
A: If after redevelopment a new building is added on an adjoining plot, then existing CHS need not change its name. Addition of the new building will only increase the number of members (flats) in the existing CHS. If the number of flats that have been added is more than 200, then you may have to take election of your CHS through state Co-operative Election Officer. Otherwise, your CHS can elect members by conducting election in its AGM or SGM, specially called for this purpose. If new members want to change the name of the CHS, then existing CHS has to apply for change of name with the Deputy Registrar.
If the existing building and new building have a separate entrance and water supply tank, then it will be better to have a separate CHS for their new building to avoid any future disputes.
FSI in Redevelopment
Q: Our society is going for redevelopment. Our society has a completion certificate of 1973 and we have 90 members in our society. Our total area as per PR Card Area or Government Survey is 50,000 sqft. Our existing flats (constructed) area of Members is 38,000sqft. So 12,000 sqft is lying idle as undeveloped area in our society. We are getting an FSI of 1 as per norms for redevelopment in our area. We wanted to know if the members are entitled to this 12,000 sqft in addition to their existing flat area as a right? Or can we term it as non-saleable area to the developer in redevelopment?
Secondly our Flat area of 38,000 sqft is inclusive of balconies. Whether this flat is termed as carpet area or built up area as per DCR rules?
A: Without going into much details, let your CHS with its existing building plan passed by the Municipality, along with copy of building land's Property Card, write to Town Planning Department as how much FSI is used by your CHS building, and how much balance FSI is remaining for future use.If your building is sufficiently strong enough, then existing flat owners can use that balance FSI to expand their flats.This will be an ideal situation, as you will be paying only construction cost of the additional area that you take, and not paying market value of the additional area, which is almost three times the construction cost value.
Distant family staying
Q: I am a senior citizen who has two homes close by and I often give one of them on rent if the tenant is known. At the moment, it is not on rent, but is being occupied by a distant family member whose house is being renovated.
They are planning to stay in my home for an indefinite period (about 4-6 months) till the time their renovation is complete. As expected, they are not paying any rent since it is family.
I have informed this entire situation to the society in writing. But still the society is charging me non-occupancy charges, asking me to do police verification and/or inform the police with a letter that is to be submitted to the society.
They are arguing that distant family members are not family. What should I do? Can they force me to the police verification? Can they charge non-occupancy charges? In any case, I have agreed to be charged non-occupancy charges as I am scared of the management. Kindly advise.
A: In Bye-Law No. 3 (xxv) definition of family is given. It says family means group of persons which includes husband, wife, father, mother, sister, brother, son, daughter, son-in-law, daughterin-law, brother-in-law, sister-inlaw, grand son and grand daughter.If the person to whom you gave your flat on rent (any one person from the family, to whom you have given on rent, should be from above relations) do not fall in above relations, then you have to execute a leave licence agreement and inform about renting of your flat to nearest police station.Copy of Police Information Form and Registered Leave License Agreement should be given to your CHS, and pay Non-Occupancy Charges to your CHS, which will not be more than 10% of the Monthly dues, excluding Municipal Taxes.