1)prior to society formation maintenance charges are fixed by the builder. he submits audited accounts to members

2) AGM is called for only after society formation .

3) there is no need to call for AGM prior to society formation .

1) if builder delayed formation of society flat owners could have filed complaint against builder before consumer forum and sought orders to direct builkder to form society

2) you could also have filed complaint against builder before the magistrate for non formation of society

3) builder is bound to furnish details of expenditure incurred for maintenance . submit audited accounts

What are the guidelines as per Cooperative society act on the maintenance charges taken by the promoter/builder prior to the society formation and whether a AGM to be called by the promoter/ builder and unanimous resolution is to be passed to fix the maintenance charges and services covered til the society is formed.

The builder can maintain the building or the premises for a period of two years and after that he should hand it over to the society or an association of owners that should be formed by the owners on their own.

Once the association is formed, then it can frame the rules, guidelines and bye laws as envisaged in the law and take over the building and the appurtenances form the builder including the common areas and all other things pertaining to the apartments in common.

The maintenance and the corpus funds and other records of financial transactions can be maintained by the association itself.

s it mandatory for the promoter/builder to call AGM of flat owners to pass unanimous resolution to fix the maintenance charges and services under it, till the society is formed.

The builder/promoter will not cal for any such meeting because he may lose his benefits if the same is decided by the members in the AGM.

Further it is the duty of the association to call for an AGM and not the builder .

But then the promoter, builder in this case diligently delayed the society formation process (4-5 years), and enjoyed the money taken in the name of society formation and also this is exploitation of flat owners. secondly dose he not answerable for the list of services offered, cost break up and submit the details (balance sheet) on the expenses made in the name of maintenance.

The association once formed can demand the facilities that were not provided by the builder as per the agreement and the conditions of the sale agreement.

The builder is answerable to this genuine demand.