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January 2019 Vol. 12 Issue 10 Price : ` 25/- For Gruhkranti NewsVisit : www.ahwoi.org Total Pages : 48
Structural Repair & Painting / Coating
(10 YEARS WARRANTEE)
IS YOUR BUILDING WATERPROOF...? 100%
Terrace Waterproofing Coating.Elastomeric Painting of High Rise Towers.
For MembersAnnual Membership(Society) & (Individual)
MANAGING EDITORS
Mr. V. Viswanathan 9890187344
EDITORIAL BOARD
Mr. S. R. Desai
Mr. Naresh Pai
CA. Vishal Gala
Adv. Arun Bendkhale
DESIGNED BY
Vishal Bamane 9823911027
9820687418
9850822472
9819513758
02242551414
A-2/302, Laram Centre, Near
Bus Depot, Opp. Andheri Rly. Stn.
Andheri (W), Mumbai - 58.
(Pay & Parking Available in the Compound )
EDITORIAL & PUBLICATION OFFICE
EDITOR & PUBLISHERCA. RAMESH S. PRABHU
MSWA’S HOUSING SOCIETIES REVIEW
CONTENT Page
Membership Confusion in the........ 08,
BLDG Redevelop without A Developer 12,
Socio Economy of Building Repair 14,
Stamp Duty Cannot be Charged in ........ 16,
Govt. Will Support - Self Redevelopment 20,
Continue on Page No. 16
CA. Ramesh Prabhu Chairman, MahaSeWA
EDITORIAL
MSWA Group doesn’t vouch for any claims made by the Advertisers of products and Services. The Printer, Publisher, Editor, and Owners of the MSWA Group Publications shall not be held liable for any consequences, in the event such claims
“ R e a d e r s a r e r e c o m m e n d e d t o m a k e appropriate enquires and seek appropriate advice before sending money, incurring any expenses, acting on medical recommendation or entering intoany commitment in relation to any advertisement published in this publication.
are not Honoured by the Advertisers.”
Dear members,
Wish you a Very Happy and
Prosperous New Year 2019.
The various initiatives taken by your association, Housing Federations, Mumbai Bank and the government, the self redevelopment has become a reality. Your association has already formed a Self Re-development Study Group under the Chairmanship of Hon'ble Shri Subhash Lalla, I.A.S., former Principle Secretary to the Chief Minister, Government of Maharashtra and other retired Government ofcials, engineers, architects, C.A.s, nancial associates, and stake holders. The study group will be preparing a detailed report to provide required guidelines to the housing society to proceed with self redevelopment. The study group also will be submitting their report with necessary recommendation shortly to the Hon'ble Chief Minister, Housing Minister, Co-operation Minister, Revenue Minister, Commissioner, Municipal Corporation of Greater Mumbai and other Government ofcials.
The issues faced by the societies wanting to go for self redevelopment mainly are:
(1) Start up fund for obtaining necessary NOC and IOD,
initial approvals.
(2) Start up fund to obtain the conveyance of land and
building.
(3) Financial institutions/banks are not ready to provide
fund unless I.O.D., C.C. is obtained to redevelop the
building.
(4) Required funds to complete the project
(5) Obtaining the required approval from the departments
(6) Experience in the execution of the project with quality
Tel.: 9820496450/ 7666055280 / 26863971. E- mail : [email protected]
In Structural Audit and Repair work thereafter, specialization and experience in structural design of buildings (design of foundation, column, beam, slab etc.) is a must along with
experience in repair, for taking decisions on safety, stability and method of repair.
We do Structural Audit, Consultancy, Supervision and Management under the direct control of BMC registered B.Tech (Civil ) Engineer having specialization, experience & expertise of 20
years in both Structural Design and Repair of Buildings.
Gopinath Nambiar & Associates[AN ISO 9001 : 2015 CERTIFIED COMPANY ]
As all of you know that the working of the Co-operative Housing Societies is distinct from other types of Co-operative Societies. Its' working is philanthropic nature. Committee Members of the Housing Societies are working voluntarily for the betterment of the society. They contribute their time and energy for the affairs of the society without taking any remuneration.Co-operative Housing Societies are not prot making or revenue generating societies like other co-operative societies. Even though the affairs of the Co-operative Housing Societies are distinct and peculiar, they are regulated in the same manner as per the general provisions of the Maharashtra Co-operative Societies Act, 1960, as applicable for all other co-operative societies, such as Co-operative Sugar Factories, District Central Co-operative Banks, Co-operative Spinning Mills etc.
This lead to large number of disputes and litigation and thus creates hurdles in smooth functioning of the co-operative housing societies. In this view of the scenario, an urgent need was felt to provide a separate Chapter to cater to the specic requirements of the co-operative housing societies. Therefore a separate Chapter providing for regulation of Co-operative housing societies is inserted in the Maharashtra Co-operative Societies Act, 1960. However while including new provisions in this Separate Chapter, the more confusion is created than easiness.
At present there are three types of member-ship in the Co-operative Housing Societies viz.
(1) Member (2) Associate Member and (3) Nominal Member. In New Chapter the provision of Nominal Member is removed.
The definition of Member in new Chapter is made as follow;
“Member” means a person joining in an application for the registration of a housing society which is subsequently registered, or a person duly admitted to Membership of a society after its registration and includes associate of joint or provisional member;
The denition of “Member” in the new Chapter is made as it is as per old law. And the denition of “Associate Membership” is inserted newly. And the earlier Joint Member has been made Associate Member. And a new type of Membership viz. 'Provisional Member” is inserted newly. This may create confusion in the Housing Societies. Now we see all denition of membership according to this new law.
(a) “Associate Member” means a person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certicate;
(b) “Joint Member” means a person joining in an application for the registration of a hous ing soc ie ty jo in t l y, wh ich i s subsequently registered or a person who is duly admitted to Membership after its registration and who holds share, right, title and interest in the at jointly but whose name does not stand rst in the share certicate;
In such way by making classication of Membership, the confusion has been created instead of bringing clarity.
CA. Ramesh S. Prabhu,
Chairman, MahaSeWA
Mob.: 98201 06766
MEMBERSHIP CONFUSION IN THE NEW SEPARATE CHAPTER FOR HOUSING SOCIETIES
January 2019
MSWA’s Housing Societies Review 09
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The original member of the society instead of taking physical participation in the affairs of the society, he may through his representative, who have nothing to do with the society, may sent any person in the society as Associate Member. Such type of Associate Member instead of caring the interest of the society, for his vested interest by joining hands with other one or more such Associate Members may hijack the General Body and it may be headache to the society and its' Managing Committee. Therefore the earlier condition that the Associate Member should have the name in the share certicate with the original member is proper. And if it is necessary to make changes in that respect then it would be proper to make changes that instead of any person, it would be proper to mentioned person in the family of the original member who have interest in that society.
Earlier the name of the Associate Member is admitted in the share certicate with the consent of earlier member and by taking admission fee of Rs.100/- and such person is also elected as ofce bearer of the society. Now according to new denition there is no clarity whether such persons name to be removed from the share certicate or not?
(C) “Provisional Member” means a person who is duly admitted as a Member of a society temporarily after death of a Member on the basis of nomination till the admission of legal heir or heirs as the member of the society in place of deceased member;
Section 154B-13 provide transfer of interest on death of a Member is as follow;
On the death of a Member of a society, the society shall transfer share, right, title and interest in the property of the deceased Member in the society to a person or persons on the basis of testamentary documents or succession certicate or legal heirship certicate or document of family arrangement executed by the persons, who are entitled to inherit the property of the deceased Member
or to a person duty nominated in accordance
with the rules; Provided that, society shall
admit nominee as a provisional Member after
the death of a Member till legal heir or heirs or
a person who is entitled to the at and shares
in accordance with succession Act or under will
or testamentary document are admitted as
Member in place of such deceased Member:
Provided further that, if no person has been so
nominated, society shall admit such person as
provisional Member as may appear to the
Commi t tee to be the he i r o r l ega l
representative of the deceased Member in the
manner as may be prescribed.
Earlier after the death of the Member of the
Housing Society, on the basis of nomination
which was given by the deceased member, the
nominee was admitted as Member of the
society. Now according to this revised law the
nominee became the provisional member till
he submitted legal documents of his heirship.
Now henceforth there is no meaning of
nomination. Nomination would become
provisional arrangement to look after the
affairs of the society behalf of the deceased
member.
If no person has been so nominated, then the
act left on the society to admit such person as
provisional Member as may appear to the
Commi t tee to be the he i r o r l ega l
representative of the deceased Member. The
revised law is also silent on whether earlier
membership given on nomination, would be
withdrawn or not? Nominal Membership has
been removed from the new law.
Now the relatives of the deceased member
have to go in court unnecessarily for proving
that they are sole legal heirs of the deceased
member. They have to incurred lakhs of rupees
in Court battle for proving their legal heirship.
The new changes may caused dispute between
the heirs/relatives for proving their heirship.
January 2019
MSWA’s Housing Societies Review 11
STRUCTURAL AUDIT OF BUILDINGS ----- Save life Save Property…
Faulty design, Load on structure, poor construction quality Internal
and external forces
Leads to
UV rays FireChemicals MoistureVandalism Modification in structure
To save human life and buildings.
To understand the condition of building.
To nd critical areas to repair immediately,
like damages, corrosion
To comply with statutory requirements.
To enhance life cycle of building by
suggesting preventive and corrective
measures like repairs and retrotting.
As per clause No.77 of revised model Bye- Laws of Cooperative Housing Societies:
1. For building aging between 15 to 30 years once in 5 years2. For building aging above 30 years once in 3 years3. As per municipality-it is mandatory for building aging 30 year +.
§
Purpose of Structural Audit
§
§
§
§
Bye-Laws of Cooperative Housing Societies
To know the health of the building and to protect / project the expected future life.To proactively assist the residents and the society to understand the seriousness of the problems and the urgency required to attend the same.We have BMC, TMC, PMC, NMMC licensed Structural Engineers.Cost on audit saves you in lakhs during repairs.It fullls legal compliance requirements.
Advantages of Structural Audit
§
§
§
§ §
Beam crack Exposed slab
Leakage Issues Column Crack
Methodology of Structural Audit
1. Inspection of all the elements of structures like column, beam & slab.
2. Inspection of overall building and surrounding including each and every at.
Technology to access structural strength,stability, integrity of concrete.1. Schmidt rebound hammer testing2. Ultrasonic pulse velocity testing3. Cover meter testing4. Half-cell potentiometer testing5. Carbonation6. Core study & Chemical test
A report of the results of an inspection and NDT of a building shall comprise(a) a detailed description of the visual inspection and any full structural investigation of the building conducted by the structural engineer;(b) analyses of observations and every test conducted in the course of any full structural investigation of the building; &(c) recommendations by the structural engineer as to such building works as are necessary to ensure the structural stability or integrity of the building.
Inspection NDT Testing Report
R K INFRA TECHNO-CLINIC SERVICES PVT. LTD.Address: Plot B-15, Road No.2, Opp. TJSB bank, Behind Datt mandir,
BLDG REDEVELOPED WITHOUT A DEVELOPERMumbai: In a tiny lane called Naik Wadi in Goregaon (E), the skeleton of a new tower is almost ready. As construction workers hung around on a recent balmy Friday afternoon, Aj i t Thakur, secretary of Aj i tkumar Cooperative Housing Society, said, “Eight oors are complete and only the nal slab remains.
The building should be ready for occupation next year.” What makes this redevelopment so unique is that the entire project—from conception to construction—has been executed by the society members themselves without a builder.
Prots from such self-redevelopment schemes, now slowly gathering pace in Mumbai despite the obstacles, will come to the residents instead of the developer. The successful redevelopment of Ajitkumar Society shows that such projects can be pushed through by residents themselves. “We have already sold 75% of the free sale ats,” Thakur says.
Govt must push self-redevpt: Bldr
The new tower will have 26 ats, of which 14 are for sale. The society appointed an architect to draw up plans and procure permissions from the BMC, and hired different labour contractors for the construction.
The redevelopment bug bit the 12 at owners of this society six years ago when they realized the high recurring cost of repairing their 1969-built three-storey building. “No builder was interested because our plot is small and they did not see any prot in it,” says Sailesh Gala, a society resident.
“We collected Rs 5 lakh from each member to prepare the design, and appointed architect Vijay Garodia,” says Gala. The project kicked
off, thanks to a Rs 8 crore loan sanctioned by
Mumbai Cooperative Bank.
In the new tower, each member will get 25%
additional space. Those who lived in 400 sqft
ats will get 500 sqft each while those
occupying 600 sqft space will be entitled to
800 sqft. Ten of the 14 ats in the free sale
portion were sold at market rate (Rs 20,000
and Rs 24,000 a sq ft). But there is a hitch now.
The society has been slapped with a Rs 25 lakh
property tax bill for land under-construction.
The society has appealed to the BMC to reduce
the amount.
Builder Nayan Shah, who has redeveloped
many housing society properties in the city,
says self-redevelopment must be pushed by
the government. “In the 1960s and 70s, this
was the only way. People would come
together, form a society and buy plots from the
government,” says Shah. But he cautions that
regulations are much more complicated and
civic compliances high now.
January 2019
MSWA’s Housing Societies Review 13
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ND2 CONSULTANCY PVT LTDISO 9001:2015 CERTIFIED
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Engineers, Architect, Civil Engineers, Fire Safety Engineers, Electrical
Engineers, & Interior Designers. We introduced ourselves as BMC Approved
License Consulting Engineers for Redevelopment ,Repairs and
Rehabilitation of all kind of Residential , commercial & industrial buildings .
Ø REPAIR & REHABILITATION CONSULTANT
Ø STRUCTURAL AUDIT AND STABILITY REPORT
Ø FEASIBILITY REPORT FOR REDEVELOPMENT.
Ø PMC FOR REDEVELOPMENT.
Ø CONSTRUCTION MANAGEMENT CONSULTANT.
Ø STRUCTURAL DESIGN OF RCC AND STEEL STRUCTURES
Ø COST BENEFIT STUDIES FOR PROJECTS
Ø FINANCIAL AUDITING OF PROJECTS
Ø INTERIOR DESIGNER & LANDSCAPING
Ø VALUATION
Ø FIRE SAFETY AUDIT
Ø ELECTRICAL AUDIT
A dedication to technically challenging and practical solutions is central to ND2
Any Immediate Attention related to Structural Audit, Building Repairs , Rehabilitations or any other concerns ............................... call us, for Free
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[email protected] For more details log on to our website : www.nd2.in
January 2019
MSWA’s Housing Societies Review 14
Sanjay Devnani, a developer with projects in the suburbs, says he started a company offering development management services to housing societ ies interested in sel f-redevelopment.He says the biggest stumbling block currently is when banks ask for personal guarantees from each member of the society.
Anuj Puri, chairman of Anarock Property Consultants, says in the current market scenario, many builders have been cash-
starved for several years, resulting in stalled
re-development projects. “Considering this
state of affairs which has resulted in many
'redevelopment specialist' builders losing
credibility,” he says.
Source : Times of India For More Details Contact :S. Parthasarathy, Vice President, MahaSeWA, Mob.: 98676 90040
Friends welcome to this thought sharing & experience sharing journey with me on subject of Socio economy of Building repairs. I am happy to share my 26 years experience of building repair work with you as civil engineer, contractor & as a watchful citizen. Now I am sharing in following points the impact of sociological & economical factors on building repair work.
1. Most of us living in urban areas have a impact on our mind of rent control act & of earlier life style in which we were tenants, most people still have wishfull thinking that we shall not be a contributor in common pool of building repair fund in our society.
2. Many people do carry forward small conicts & negative thoughts about other members in housing society just like a life time free scheme in their minds & they irrupt like a volcano at the time of making contribution for repair work of their society & that makes doing repair near to impossible for other positive minded people.
3. Taking help of qualied professionals to solve technical problems & then pay them a
justied cost for the same is not a common
habit of people in our country with most
people.
4. Giving due respect to Engineers contra-
ctors & to pay them properly is very rare
happening in our society. It results in
dealing with unprofessional contractors by
societies with results in failure of repair
work.
5. There are very few contracting agencies
who are well equipped with experienced
labour team in repair industry as housing
of labours is a big problem is in all cities &
that leads to not having labours for long
term with most contractors which doesn't
results in developing a longterm team.6. Shortage of knowledgeable material
suppliers is also a big issue as in cities
because of space constraint, heavy
investment requirement qualied people
don't choose to become a material supplier
except few.7. Demanding guarantee of repair work
without offering justied cost to the
January 2019
MSWA’s Housing Societies Review 15
Anant ConsultantsCo-op. Societies' Billing and Accounts, Back Office and other services.
Legal Advisor: H. M. Suthar.MAINTENANCE BILLING:-1. Smart Billing: Our own developed Special software which provides :
a. Previous period details of billing, receipts and Debit or Credit notes, if any.
b. Details of adjustments of payments received from members.
c. Complete details of interest working.
2. Only Billing Service: For societies which maintain in house accounts but need
perfectly worked out detailed billing to members.
3. On line Login by members: Members can login for details of their own accounts with society and download their own Ledger account, bills and receipts for any period.
4. Very Economical Cost: The cost of billing service as well as Billing and Accounting Service is very low.
5. Accounting Compliances: In time nalisation of accounts as per Act, Rules and Bye-laws.
6. Audit Compliances: Within time.
7. Circular by way of Notes: We print general information in the maintenance bills of members as required by committee, which it wants to convey to all the members.
8. Personalised notes: We provide member specic note in the bills of respective members such as-
a. Request to le nomination or note that the nomination is taken on record by committee.
b. .Status of associate members on record of society for a particular member
c. Parking instructions.
d. Reminder to member to pay on or before a specic time to avoid defaulter status
9. Drafting notices to be given by society to defaulter members.
FOR MORE INFORMATION CONTACT Mrs. Trupti. Office Address: Ofce No. 103, “B” Wing, Ashoka Super Market CHS Ltd., Jn.
of. S. V. Road and Aarey Road, Goregaon West, Mumbai 400104
For Society Matters (Trupti) - 91375 72651 | 6693 8746.
Continued from page no. 06The ofce bearers interested to get more details or want to arrange the seminars or meetings on self redevelopment may contact Mr. Macchindra Thaleshri on 8655892533 or Mr. S. Parthasarathy on 9867690040 and meet them in our ofce at Andheri. You may also contact our Andheri ofce on : 022-42551414/25 for their appointment.
Chief Minister of Maharashtra Shri Devendra Fadnavis is also keen in extending the required support for self re-development of housing societies and the government will be bringing out the necessary policy in this regard.
We wish you all once again a very happy and prosperous new year 2019.
With Best Regards,
CA. Ramesh S. Prabhu, Chairman
contractor leads to get only a undeserving layman contractor for society repairs. It has a origin in our socio economical thoughts in which prot making is considered as a sin.
8. Not having proper documentation of repair history, construction drawings is also a regular habit of people in our country. Repair work becomes a match of facing many unknown challenges because of this.
My Humble remarks: Building repairing work is highly scientic activity which work needs to be taken in very serious professional manner by all stake holders including residents to get success for the same.
For More Details Contact :
S. Parthasarathy, Vice President, MahaSeWA, Mob.: 98676 90040
STAMP DUTY CANNOT BE CHARGED IN RETROSPECT ON RESALE OF OLD FLATS: HC
In a judgement that offers far-reaching relief to prospective sellers and buyers of old properties in Mumbai where stamp duty is steep now, Bombay high court held stamp duty authorities cannot levy tax on old “historically concluded transactions”.
“Stamp is attracted by the instrument (sale deed), not the underlying transaction…,” said justice Gautam Patel in an order on December 13.
The HC passed the order in a matter where a
spacious at on Napean Sea Road in south Mumbai was sold in an auction.
Considering the above issues, another group
of self redevelopment Taskforce has been
constituted by your association. It has been
decided by the taskforce to provide solution for
all the issues faced by the society.
The taskforce has decided to promote a Non
banking Finance Company (NBFC) which
would provide the initial start up funds and
also shall provide all technical, marketing,
administrative and nancial support for self
redevelopment till the occupation certicate is
obtained for a pre-decided fees. The NBFC
shall be managed by the professionals like
Architect, Engineers, Chartered accountants,
Advocates, Contractors, Estate Consultants
and others involved in the execution of any
redevelopment project.
January 2019
MSWA’s Housing Societies Review 17
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Lajwanti Godhwani, who co-owned a 3,300 sq ft at in Tahnee Heights CHS, had led a suit in 2008 over a family property dispute. Her late father with others had purchased the at in 1979 on stamp duty of Rs10. It was not registered either. Eventually, the at was auctioned to Vijay Jindal, a businessman and resident of the same building, for Rs 38 crore. Jindal's counsel Karl Tamboly and Sharan Jagtiani had earlier pointed out the Sub Registrar of Assurances initially declined to register his transfer document dated November 14, 2018 on the ground that the anterior title documents were insufciently stamped.
A day after the HC issued notice to the registrar's ofce, it was registered on November 30.
The HC had, on December 6, issued notice to the stamp authorities. G Shah, counsel for defendants, and Ajay Panicker, counsel for the plaintiff, had questioned if acceptance of documents now meant the authorities no longer required old documents to be stamped.
There was no clear response from the stamp ofce on provisions which would justify stamping antecedent documents, observed the HC. The HC said, “…the entire approach seems prima facie to be entirely incorrect.”
“ It is unclear just how far into the past the authority imagines it can travel by front-loading a current taxing regime on historically
DECODING THE ISSUE
The HC illustrated the possible absurdity of stamp duty authorities “Let us assume a at in a cooperative housing society is held by A. In 1970, he sold the at to B. It is not shown the 1970 sale attracted stamp. B held the at until 2018, when he sold it to C.
Now, when C submits his transfer instrument of 2018 9from B to C) for adjudication, is it even open to the authority to contend the 1970 transfer from A to B is bad or invalid for want of stamp since, had it been done today, i t w o u l d h a v e a t t r a c t e d s t a m p , notwithstanding that it did not at the date of that transfer in 1970?” “I think not,” Justice Patel concluded
concluded transactions; and that too
transact ions that are in every sense
complete...”
There is no question of either the purchaser or
the at's co-owners being liable to pay stamp
duty on the older documents, the HC order
stated. “This is a landmark judgement as
lakhs of old at agreements are neither
sufciently stamped nor registered and when
they sell the at, the collector of stamps
charges present rate and penalty.
With this order, such practices will come to an
end,” said Panicker.
Source : Times of India
CREATION OF WhatsApp Group by MSWAThe Social media has been spreading very
quickly. Every person who wants to have the
instate information on various aspects been
using WhatsApp as means and getting
enrolled in different WhatsApp group. At the
request of many members and public at large
at different Seminars we had organised the
MSWA has created the areawise WhatsApp
group. any person who want to be part of their
respective areawise group are requested to send your request to : WhatsApp Mobile No.: 70455 99708 or E-mail to: sheetalp. [email protected] / [email protected] with following details : (1) Name, (2) Designation like Committee member or Secretary etc. (3) name of Society (4) Area for e.g. model town, Shastri ngr., or Road (5) R a i l w a y S t n . ( 6 ) E - m a i l A d d r e s s _______________
January 2019
MSWA’s Housing Societies Review 19
PENTACLEISO 9001:2000 CERTIFIED
ARCHITECTS, EMPANELLED & APPROVED MCGM
STRUCTURAL ENGINEERS,
PROJECT MANAGEMENT CONSULTANTS
SPECIALIZED IN REPAIRS REHABILATION AND RE-DEVELOPMENT
Ÿ Preparation of Project Legal Contract Document, Work order,
bar chart, cash ow chart, Activity ow chart & Guarantee
documents.
Ÿ Furnishing required documents for fastest loan approvals
Ÿ Getting the work completed without exceeding the estimate
Ÿ Advising Society to select right contractor
Ÿ Daily site supervision by experienced & qualied staff
Ÿ Periodical NDT during execution of work
Ÿ Check measurements time to time & certify the bills
The Firm with following registrations Year of Registration
Institution of Engineers (India)
1973
License of Structural engineers from BMC 1982
Practicing Engineers architects & town planner
association
1992
Indian society of structural engineer (ISSE) 1999
Institution of Valuer
2002
Mumbai Building repair & reconstruction board
(MHADA UNIT)
2002
License of site surveyor 1988
License of site supervisor 1997
American society of civil Engineers (ASCE) 2004
Institute for steel development & growth 2001
Indian society for technical Education (ISTE) 2002
Registered member of the council architect New Delhi 1984
Associated member of the Indian Institute of Architects 1984
www.pentac leconsul tants .com
Specialised in :
Ÿ Co-operative Housing Societies
Ÿ Industrial Estates
Ÿ Multistoried Buildings Hospitals
Ÿ Commercial Buildings
Ÿ Redevelopment of Societies
January 2019
MSWA’s Housing Societies Review 20
Government will support housing societies opting for
SELF- REDEVELOPMENT: Devendra Fadnavis
hief minister Devendra Fadnavis on
CMonday said his government will support and encourage self-
redevelopment of housing societies, a phenomenon in which residents keep builders out of the equation and instead appoint a contractor and project management consultant to execute the project. All prots go to the society and its members instead of the developer.
Reacting to a series of stories in TOI on this trend gradually picking up in Mumbai, the CM said he has held several meetings with the Mumbai District Central Cooperative Bank to fund such projects. The bank is the rst to grant loans for self - redevelopment of slums and dilapidated cessed buildings and housing societies. Early this year, it bank sanctioned Rs 75 crore and gave in-principle approval to sanction Rs 780 crore to redevelop 19 housing societies.
Fadnavis told TOI the government can also come up with a policy framework to push for self-redevelopment. But, he said, municipal corporations will have to take a decision on offering tax breaks to such projects.
Housing activist Chandrashekhar Prabhu, who conceived the scheme and wrote the policy for Mumbai Bank, said, “As many as 726 societies have already resolved to go by the no-builder scheme and are reaping rich dividends in the form of more area, better planning, better quali ty of construction, timely completion, more corpus, all without giving any irrevocable power of attorney to anybody. Members give consent to their society and get at least one more room than what builders offer. Moreover, the corpus is at least double of what builders give. The benets increase in Mhada colonies because FSI is
Chief Minister Devendra Fadnavis
much more.”
Prabhu said loan repayment is through the sale of ats in a project's free sale component. “There is a two-year moratorium for smaller projects and three- year moratorium for larger projects. Most payments come from the booking of ats and there is no question of penalties,” he said. The housing activist has been addressing meetings of housing societies across the city and mentoring many of them on self-redevelopment.
Mhada chief Milind Mhaiskar said the number of Mhada housing societies approaching the housing authority for self-redevelopment has gone up. “There are few credible builders in the market and people have realized that it is better to redevelop their buildings on their own,” he said. On the third oor of the Mhada headquarters in Bandra (east), a special redevelopment cell has been formed to assist housing societies on Mhada land that are keen to go it alone. Former state minister for housing Sachin Ahir said the government should give tax benets and extra FSI to societies going in for the scheme.
rdRegd. off : Heena Commercial Complex, Ofce No.3, 3 Floor, Near Dewan Centre,
S. V. Road, Jogeshwari (W) Mumbai - 400102. Email ID : [email protected]
SC
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· MECHANICAL DAMAGES
· CHEMICAL DAMAGES
· CARBONATION DAMAGES
· CORROSIVE CONTAMINANT
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1.� Jacketing of columns and beams
2. � Polymer Modied Concrete/Mortar
3. � Epoxy Based formulations
4. � Ferro cement treatment
5. � Super Fluid micro concrete
6. � Epoxy grouts
7. � Shortcrete (Guniting)
8. � Cement based grouts
9. � Fibre wrapping-glass and carbon
10. �Stitch/Chemical anchors
1. External- Sand Face Plaster/Rough Cast
Plaster/ Heritage Plaster
2. Internal - Neeru / Gypsum / P.O.P
3. Polymerized / Heat Resistant / Ready mix
1. Terrace, Chaiia, Balcony tops with B/Bat
coba system.
2. Integral water proong system.
3. Toilet 4 W.C.'s Over head water tanks,
underground tank.
4. PVC / TPO synthetic membrane
5. Thermal insulation system
6. Polyurethane elastomeric water proong
membrane
7. Crystallization Methods & Hydrophobic
concrete
8. A.P.P. / SBS Modied Torch System
9. Seotextile composite membrane
10. Green Roof System
1. Underground drainage pipes
(removal & replacement
2. ACCI, PVC drainage pipes
3. GI water supply pipes
4. Replacing GI connectors within valid
thickness
5. Chambers / Sully traps / Nahani
Traps
6. S. W. Drainage system
7. Loop Line / Delivery Line
Aut
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sed
App
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+91 98200 27398+91 98208 37237
For Free Survey Callthe Experts :
January 2019
MSWA’s Housing Societies Review 22 January 2019
S. Parthasarathy, Vice President, MahaSeWAMob.: 98676 90040 | E-mail:[email protected]
SELF REDEVELOPMENT - A BOON For Housing Societies
Dear Patrons,
Continuing with the series on Self Redevelo-
pment, let's now explore the core advantages
of self redeveloping of our housing societies. It
is a known and accepted fact that many of the
societies do not venture into the process of self
redevelopment due to the lack of expertise and
skill sets available with its members.
Nevertheless, the risk involved in handing over
the project to an unknown entity and
surrendering to them is much more compared
to what it is in case of self redevelopment.
The society and its members should have a
positive approach to the self redevelopment
process and should realize and understand
that there are professionals available to
complete the project from start till close.
Instead of getting bogged down by the
numerous procedures that need to be
accomplished, the society should earmark the
activities and consider it as a challenge. After
all the members should realize that they are
going to work together for their own benet. If
such a mind set and attitude is inculcated in the
minds of the members, self redevelopment will
slowly but surely become the best option in the
days to come.
Most Society members have invested in their
Property for more than 30 years, and have also
taken loan and have been servicing the same
till some years back. They have also been
paying the society maintenance for the last
30-35 years, which adds to the investment
made on the property. During the course of
time these Buildings have aged out and hence
requ i re e i the r ex tens i ve repa i r s o r
redevelopment. The actual asset value of the
property can be realized only when their
homes are reconstructed due to which the
valuation increases. Self redevelopment will
guarantee maximum benets to all the
members compared to redevelopment done
through a builder. While taking maximum
benets, the most expensive commodities like
timely delivery, quality of work, control on the
project etc is taken care in case of self
redevelopment.
With our expertise and assistance, existing
Members of Society can easily redevelop their
own premises. We provide all the support
ranging from technical, nancial, legal,
administrative etc. The society can take full
advantage of the end to end solutions offered
by us.
“YES, TOGETHER WE CAN ” shall be the
motto for all Self Redevelopment projects.
We, MahaSeWA (Self) Redevelopment
Consultants, has been founded by CA.
Ramesh S. Prabhu, Chairman, MahaSeWA.
We have a consolidated experience of 30+
years and have consulted more than 100
residential Premises. We have realized that self
redevelopment shall bring transparency as
well as provide maximum benets to the
society and its members.
MSWA’s Housing Societies Review 23 January 2019
MSWA’s Housing Societies Review 24 January 2019
The only activity that a society is expected to do is to appoint a consultant who can handhold through the redevelopment work. The housing society alongwith the consultant would be required to procure documents and undertake responsibilities, some of which are mentioned below;
Ÿ Property Related Documentation like Conveyance, Property card, etc.
Ÿ DP remarks and Existing Approved MCGM layouts and existing building's OC etc.
Ÿ Proposed Building's Feasibility Report cum Project report.
Ÿ In principal Approvals of Loan amount and Sanctions from Bank.
Ÿ Preparation of all architectural Layouts and
Some of the major comparisons between redevelopment through a builder and
self redevelopment are enumerated below;
Approvals from MCGM (Getting IOD, CC, etc.).
Ÿ Carrying out RCC design, Appointment of various Contractors (like Civil/RCC, Electrical contractor, Plumbing contractor, HVAC, etc) and Supervision of Work & Quality Control & Timely Completion.
Ÿ Individual Sales agreement and Occupancy Certicate with OC.
Ÿ Sale of saleable Units and balance Carpet area, and agreements of the same.
Ÿ Closure of Project Bank Loan & Corpus fund.
All the above activities can be executed by the society with complete assistance from a professional company like ours.
Redevelopment through a Developer
Self Redevelopment
involving professionals
Knowledge & Technical Expertise Yes Yes Knowledge of legal documents, NOCs, etc. Yes Yes Skill of dealing with MCGM and other Yes Yes Design as per society member’s needs &
Planning.
No
Yes, with our guidance
Understanding of quality and cost of
resources & Amenities
As per developer’s wish.
Society to decide & We will
guide
Additional Carpet area for each member.
Less
area as per
Developers prots
As per Society's decision, more
area to members
Additional Carpet area for Sale / Society.
Rights of the Developer
Society's right
Corpus fund generation
Very Less
High
Project commencement & completion
As per developer’s wish.
Fast & On time
Project design and construction as per
government norms
As per the developers wish
Full Adherence to Govt Norms &
Approvals
Investment capability & Fund management
Depends on Developer to
Developer
Bank Loan arranged and
managed by Society’s Team.
Rental & Mobilization
PDCs for only few months
OR monthly cheque
As
per Society's decision.
Managing IOD, CC, TDR / FSI
Depends on Developer to
Developer
Yes. Taken in the name of the
Society.
Ability to sell additional space
Yes, by the Developer
Yes. Society's name.
Occupation Certicate (OC)
Can be delayed or even
not achievedOn time
Loan Closing Not needed Yes. By the end of Project.
Looking at the above advantages, it is clearly evident that self redevelopment is the need of the
hour and the best solution for housing societies. ..... To be Continued
MSWA’s Housing Societies Review 25
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4. Loft Water Tank (Home).
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TIMELY BUILDING INSPECTION & REPAIR CAN AVERT TRAGEDIES OrHave you “collapse proofed” your building?
Dr. SANJAY BAHADURCEO - Dr. Fixit
he most prized possession of any Indian
Tfamily is their home, since a roof above one's head provides unmatched security
and satisfaction. Many families put together small amounts of money and toil for years to be able to buy their own small cozy nest. Hence, it is inevitable for families to prioritize safeguarding of the home or structure's longevity vis-à-vis any other alternative targets. In certain cases, some families don't ensure timely repairs to homes or structures thereby leading to unfortunate calamities such as building collapses.
Calamities such as building collapse occasionally happen due to bad weather conditions but mostly occur due to improper construction practices or negligence in structural maintenance. The most tenacious enemy of a residential building is not re or structural collapse - though a building obviously should be protected from all such disasters. Any structure or building's primary and foremost enemy is water.
If water is left unchecked, simple moisture can slowly inltrate your building envelope and wreak havoc throughout the structure. As heavy rains lashed Mumbai a few months back, battering the metropolis and its residents – the issue has been bought back into spotlight due to the number of precariously standing structures across the country.
The concrete structures in aggressive marine environment always deteriorate due to corrosion of reinforcement. Mumbai being an island city suffers most corrosion related problem in the country for which number of buildings collapse in the monsoon.
The frequency of similar occurrences has
been alarming: On 28 June, 2014 more than twenty people died in two incidents, one in Chennai and the other in Delhi. While the building that collapsed in Delhi was 50 years old, the one in Chennai was under construction. In the same year, a seven-storey building collapsed in Santa Cruz while another building collapsed at Mumbra. In October 2016, another ve-storey building collapsed in Bandra East and recently in Kurla, a portion of a three-storey building collapsed, though no injuries were reported. The latest one being the collapse of the Andheri suburbs railway over-bridge.
These statistics do not account for the major and minor building collapses in other cities and small towns which go largely unreported. Reasons for Building Collapses:
According to Dr. Sanjay Bahadur, from Dr. Fixit “Building failures can be categorized into two broad groups: structural or application failures. Most of the building collapses in India are due to the use of substandard raw materials, insufciently trained manpower and inadequate supervision during construction of multi-storey structures. Removal of load bearing members such as columns and beams, shifting of kitchen, toilets etc. within the at without consulting structural consultants or engineers is also a serious issue.
Additionally, one of the natural and important factors that result in building collapse is rainfall and therefore buildings need to be constructed bearing in mind climatic conditions of the region. Most seepage related issues are considered only during monsoons.
However, seepage causes various problems such as rusting and internal leakages. In most cases, it is difcult to ascertain the problem. Most co-operative housing societies are misled and engage in crack lling and repainting, this is a supercial solution and does not su fce for the s t ruc ture ' s waterproong needs. Therefore it is imperative to undergo a thorough structural audit before any repair work, to clearly understand the true nature of the problem and the remedial measures to be taken up to avoid future mishaps. However, in most cases people don't spend money on health
assessment of buildings for which the cost of repair increases at later stage since the distress and damages propagates with time. Diagnosis of defects and condition assessments are essential for a successful repair and maintenance. Sometimes, the builders do not consider the long term effects of using poor quality raw materials. Although, the projects are completed with good exteriors and appearances but many-a-times the raw materials used are compromised.”
For More Details Contact :Mobile : +91 84339 50634E-mail : [email protected]
January 2019
Title: RERA 2016 and its progress so far with regard to redressed of complaints lodged by aggrieved allottees ,home buyers and developers against disputes in Real Estate Business.
Dear members of CHS Ltd,Season's Greetings,
I am giving valuable information about implementation of RERA,2016 and its progress since its enactment and how much RERA Authority has succeeded in redressed of complaints lodged by aggrieved allottees ,home buyers and developers against disputes in Real Estate Business in the State of Maharashtra.
As the Real Estate (Regulation and Development) Authority Act completes one year of implementation, the biggest challenge is to keep the builders compliant of the law. This was informed by MahaRERA in its press release.
Maharashtra was the rst state to implement the Act in the country from May 1, 2017. "Being the rst state to implement the RERA Act, there is certainly a feeling of satisfaction as we complete a successful maiden year. But at the same time,
there are many areas of concern which we will have t o a d d r e s s s u c h a s ensuring that builders who have become compliant of t h e l a w s r e m a i n compliant," opined its Chairman. He said that the challenges the Act poses a re qu i te se r ious , wh ich a l l the stakeholders will have to deal with.
"The initial task was to get the projects languishing for years for whatever reasons, registered. Since the Act is conned to only those projects which are registered with the authority, it was necessary to communicate with all the stakeholders. Nearly 13,000 projects were registered since May 1 last and almost 11,000 of them came online in the rst 90 days itself. "Today there's satisfaction that builders are compliant with the provisions of the law, which is one of the fundamental principles of this Act and also a major challenge.
Of the 13,000 projects registered with the authority, nearly 8,000 were those which should have got completed before the Act came into force. It has to be ensured that
RERA – A NEW BEGINNING
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the compliant behaviour on the part of the developer need be continued throughout the lifeline of the project. On the number of complaints received by the authority during the year, there were around 2,387 complaints which were received, of which over 2,000 appellants have completed the appeal process and around 1,200 cases were resolved.
Maharashtra RERA, along with developers' bodies such as the NAREDCO, CREDAI and MCHI and representatives of the Mumbai Grahak Panchayat, has formed MahaRERA Conciliation and Disputes Resolution Forum as an alternate dispute resolution mechanism under the Act. The purpose of setting up this forum was to create a level-playing eld where both the parties should be able to discuss and negotiate on terms equally, before coming to MahaRERA. So, the basic objective was to rebuild trust between the buyer and the developer. The forum received nearly 130 applications and 45 of them were registered and 31 of them were resolved till April 2018.
"RERA has not just addressed the issues of compliance and transparency, but it has also brought back consumer condence. As projects are now registered, buyers can now make an informed choice. For any grievance, they have a quasi-judicial redressal platform.
L a n d m a r k o r d e r s p a s s e d b y MahaRERA;
1. MahaRERA orders JVPD Properties to refund Rs 13 crore to Serenity buyers Most of these home buyers had invested sums ranging from Rs 20 lakh to Rs one crore and their complaints were earl ier dismissed by MahaRERA.
The authority has ordered its biggest refund of Rs 13 crore to home buyers of Bhagtani Serenity and directed the developer JVPD Properties, promoted by Lakshman
Rs 4.94 crore to a group of 15, and Rs 8.15 crore to a group of 22 home buyers.Most of these home buyers had invested sums ranging from Rs 20 lakh to Rs one crore and their complaints were earlier dismissed by MahaRERA on the ground that they did not possess registered agreements and denied relief under Section 18. Holding that the complainants were allottees, and the letter was a “concluded contract”, MahaRERA Member Bhalchandra Kapadnis said the developer was liable to refund the amounts with 10.05 per cent interest under Section 12 of RERA.
2. The Maharashtra Real Estate Regulatory Authority (Maha RERA) has directed Mumbai-based deve loper Sky l ine Construction Co of RNA Corp builders to refund the entire amount of Rs. 1.23 crore taken for a at in RNA Exotica, a residential project coming up in Goregaon, along with interest of 10.05% and compensation to a house buyer who approached the authority.
The buyer, Allaudin Juned Shaikh, had led a complaint under Section 18 of the Real Estate (Regulation and Development) Act, 2016 after the builder failed to hand over possession eight years since the commencement of the project. Apart from the principal amount and interest , Mr. Shaikh was awarded a compensation of Rs. 1 lakh and Rs. 25,000 towards the cost of complaint from the builder.
Shirish Deshpande, President of Mumbai Grahak Panchayat, said, “The buyers should now wait to see if the developer goes in appeal to the appellate tribunal within 60 days as that is his right. This appears to be an open and shut case and hence this order is most likely to be conrmed by the Appellate Tribunal. If the developer fails to comply with the Appellate Tribunal's order, then the buyers can approach MahaRERA. There are stringent provisions for non-compliance of the Appellate Tribunal's orders, which include heavy penalty and even cancellation of the registration of the project which no developer can afford.”
In view of to minimized the number of information application received under the Right to Information Act, 2005 and to bring transparency in the working, the Pune Municipal Corporation had made an experiment of making available records for inspection to citizens under the order outward no.MA/Se/1062, dt. 31-07-2009. On the same line the matter to make available records for inspection to citizens in all ofces right from District level ofces to substratal ofces was under consideration of the Government.
GOVERNMENT CIRCULAR ;-
Records should be made available to the citizens according to their demand, with prescribed procedure under Right to Information Act, 2005 on every Monday or if there is a public holiday on said day then next day between the ofce hours from 3.00 p.m. to 5.00 p.m. in all ofces right from District Level Ofce to substratal ofces in the state and s imi lar ly in a l l o fces o f Munic ipa l Corporations, Municipalities, Zilla Parishads etc. in view to bring more transparency in the working of Government and to minimized the number of information applications, rst and second appeals received under the Right to Information Act.
2. Each ofce head should implement the experiment of making available the records for inspection to the citizens with necessary corrections incidental to the local situation in their respective ofce.
The said Circular is made available on the Government of Maharashtra's web site www.maharashtra.gov.in and its code number is 201811261528353707, This Circular is being issued by digital signature.
In the name and order of the Governor of Maharashtra.
Sd/-
(Bipin Mallick)
Additional Chief Secretary,
Government of Maharashtra.
Good news to the readers. Now you have no longer to required writing application for inspecting government record under the Right to information Act.
The Government has issued a Circular on dt. th26 November, 2018, under which you may
inspect the government record under the Right to Information Act directly on every Monday and if there is public holiday then on very next day of that holiday between 3.00 p.m. to 5.00 p.m. We have given English version of the said Circular for your ready reference.
I. ACCOUNTING SERVICES TO COOPERATIVE HOUSING SOCIETIES:1) We develop a procedure for each and every Society as per Service requirement and mutual
convenience.2) We work both on Cloud and Non-Cloud based so�wares. 3) Monthly / Quarterly Billing and Receipt genera�on 4) Expenses booking on the basis of vouchers and suppor�ng bills 5) Pe�y cash & Managing Individual Flat Owner Account6) Transfer cases 7) Bank Reconcilia�on8) Finalisa�on of Books of Account and keeping it ready for Audit…………9) Any other service if required will be considered.
II. SECRETARIAL SERVICES TO COOPERATIVE HOUSING SOCIETIES:1) Guidance as to maintenance of AMC due dates, etc.2) Guidance as to compliance reg. renewal of licences, elec�on rules, etc.3) Guidance for Maintenance of Registers4) Guidance for transfer of flats, providing necessary formats if reqd.5) Any other service as required by byelaw.
COMPULSORY EDUCATION & TRAINING CLASSES Under Section 24 A of MCS Act 1960 FOR CO-OPERATIVE HOUSING SOCIETIES