The handover of a housing society from the builder to the society members is a crucial milestone. It marks the shift of control and responsibility from the builder to the residents. However, this transition must be handled with care, clarity, and due diligence to protect the interests of all members. Understanding the right process and precautions can save societies from future disputes and complications.
Step 1: Formation of the Society
Before any handover, the builder must assist in forming the Co-operative Housing Society (CHS) under the Maharashtra Co-operative Societies Act. This includes submitting necessary documents like the project completion certificate, occupancy certificate (OC), and sale agreements of flat owners. Once at least 60% of the flats are sold, the builder must initiate this process.
Step 2: Drafting and Submitting Handover Documents
The builder must provide key documents to the society, including approved building plans, OC, building completion certificate, conveyance deed, property card, and a list of all amenities promised. Maintenance records, water and electricity connections, and details of the society’s bank account (if any) should also be handed over.
Step 3: Conducting Joint Inspection
A joint inspection by the builder and society representatives should be conducted. This includes checking structural quality, working of lifts, firefighting systems, parking markings, clubhouse facilities, and any defects in common areas. Any pending or substandard work should be recorded and timelines must be agreed upon for rectification
Step 4: Electing the First Managing Committee
Once documents are in place and members are informed, the society must conduct its first general body meeting (FGBM) and elect a provisional managing committee. This committee will represent the society for day-to-day decisions and future legal documentation like conveyance or deemed conveyance.
Precautions to Be Taken
Society members must verify the authenticity of documents before accepting the handover. It’s also important to get a third-party audit of facilities and construction quality. Do not rush the process under pressure from the builder. Legal advice should be taken to review the handover agreement, and ensure that the builder has no pending dues or legal liabilities that could later affect the society.
A well-documented and transparent handover protects the rights of society members and ensures a seamless transition. With legal and professional support, societies can take over confidently and begin their journey of self-governance.
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