AN IN-DEPTH COMPARISON BETWEEN A CONDOMINIUM AND A SOCIETY
Though the condominium is more than a forty year old ownership concept for buildings in Mumbai, it is the cooperative society model which has been the most popular so far. However, in recent times, the concept of a condominium is slowly gaining momentum. Buyers who purchase premises on an 'ownership' basis require to come together to manage the building and for that purpose, one of the ways is to form a cooperative society, which is governed by the Maharashtra Cooperative Societies Act, 1960.
An alternative to a cooperative society was introduced by the Maharashtra Apartment Ownership Act, 1970, which provides for the formation of a condominium. The buyers of premises in a condominium are called apartment owners who form an association known as an 'association of apartment owners', in case of both, residential as well as non-residential premises.
Although the basic purpose of both the models is similar, there are many differences between a society and condominium, some of which are:
FORMATION: To form a society, generally 10 persons, each from a different family who reside in the area of operation of the society (within the same city) and who have taken premises in the building, would be required. However, even one person who owns the entire building can form a condominium, provided there are at least five apartments in the building.
OWNERSHIP: In the case of a society, the title of the land and the building is conveyed to the society, which becomes the owner thereof. Persons who have purchased premises are made members of the society and are allotted the particular premises. In the case of a condominium, the title of each apartment rests with the apartment owner, who also has a proportionate undivided interest in the land on which the building stands, the common areas and facilities of the building.
BYLAWS: A society adopts the model bylaws in which little can be changed. While adopting the bylaws in a condominium, suitable changes can be made, so long as the provisions of the Act are not contravened.
SHARE CERTIFICATE: A society issues certain shares to its members, as per the bylaws and the share certificate becomes an important title deed, since the allotment of the premises are related thereto. This is not so in a condominium.
MANAGEMENT: The affairs of the society are managed by the managing committee, which is elected by the members of the society. The managing committee elects a chairman, secretary and a treasurer. Similarly, the affairs of a condominium are managed by the board of managers, who are elected by the members of the apartment owners association. The board also elects a president, vice-president, secretary and a treasurer.
TRANSFER FEES: Under the model bylaws, a society can charge only Rs 500 as transfer fees and a maximum of Rs 25,000 as a premium. In case of a condominium, the bylaws can be more flexible and the amount of transfer fees can be provided therein.
PERMISSION TO LET: In a condominium, the owner can give his apartment on lease or leave and license basis without the approval of the board of managers, while in a society, permission is required.
VOTING RIGHTS: In a society, every member has one vote, irrespective of the area of his premises. In a condominium, every apartment owner has a voting right in proportion to the value of his premises, which is generally as per the area of the apartment owned by him and which is defined while forming the condominium.
DISPUTES: In a society, disputes are generally referred to the registrar appointed under the Act or to a cooperative court, depending on the nature of the dispute. In the case of a condominium, the court having jurisdiction over the area in which the condominium is located, hears the disputes.
EXPULSION: A society can expel its member under certain extreme circumstances. In case of a condominium, there is no such provision. However, if an apartment owner fails to comply with the bylaws or the rules and regulations, either damages or injunctive relief or both can be claimed against him.
NOMINATION: In a society, a member can nominate a person in whose favour shares of the society should be transferred upon the member's death. No such facility is available in a condominium. An apartment can be transferred to a person to whom the apartment owner bequeaths the same by his will or to the legal representative of the apartment owner's estate.
Source-TOI
Saturday 19 October 2013
Thursday 17 October 2013
Stamp Duty Hike in Pune and MMR Mumbai by 1%
The state government has decided to hike stamp duty on property transactions in Pune as well as the Mumbai Metropolitan Region (MMR) by another 1 per cent to fund major urban transportation projects like the proposed Metro and monorail corridors.
Construction projects — including the ones for redevelopment — will be doubly hit with the government citing the same reason for proposing hike in development charges from such projects. A senior state official said the move to mobilise revenue from these sources comes after a decision to avoid public-private partnership model for infrastructure projects.
The government has also decided to collect a betterment charge from construction projects within 500 m of a transport corridor while offering them additional FSI on payment of premium on 100 per cent of ready reckoner rates. The government has already levied additional 1 per cent on stamp duty for imposition of local body tax in Pune.
The proposed hike will raise stamp duty payable in property transactions to 6 per cent in Mumbai and 7 per cent in other areas of MMR and Pune. Highly placed sources said the state has prepared a proposal seeking Cabinet approval for implementing these in MMR. They said these would be a part of a proposal for a nod to the revised plan for the 33.5-km Mumbai Metro-III route, which will connect Colaba to Bandra, the international airport and Seepz.
The Cabinet gave in-principle nod for these proposals for the Pune region two weeks ago.
The underground metro service was earlier meant to be built under PPP but the plan was scrapped as it was deemed financially unviable. Under the new model, about 57% of the project cost (Rs 23,136 crore) will be raised through loan. The state and Centre will contribute Rs 2,403 crore each (10.4%) in equity. Another 1,650 crore will be raised through subordinate debt and taxes. The revenue collected through hike in stamp duty, development charges and betterment charge will be used to raise another Rs 1,000 crore for the project.
Metropolitan commissioner U P S Madan said there was a case for levying a development or impact fee in a manner that such investments would benefit citizens in the region and lead to increase in property prices. Sources said the government had plans to double the development charge while offering an FSI of up to 4 for projects within 500 m of transport corridors. Madan, however, said these limits were yet to be fixed.
The plan is to set up a dedicated urban transport fund from revenue collections to act as a "permanent source of revenue" for transportation projects. The same model will also be applied in Nagpur, where a Metro service is planned following the Cabinet nod, a senior government official said.
The government is yet to consider levying a cess or surcharge to discourage private transport. Madan said this could be considered once the public transport infrastructure is upgraded. State chief secretary Jayant Kumar Banthia endorsed the plan to hike stamp duty and development charges.
Courtesy: The Indian Express
Construction projects — including the ones for redevelopment — will be doubly hit with the government citing the same reason for proposing hike in development charges from such projects. A senior state official said the move to mobilise revenue from these sources comes after a decision to avoid public-private partnership model for infrastructure projects.
The government has also decided to collect a betterment charge from construction projects within 500 m of a transport corridor while offering them additional FSI on payment of premium on 100 per cent of ready reckoner rates. The government has already levied additional 1 per cent on stamp duty for imposition of local body tax in Pune.
The proposed hike will raise stamp duty payable in property transactions to 6 per cent in Mumbai and 7 per cent in other areas of MMR and Pune. Highly placed sources said the state has prepared a proposal seeking Cabinet approval for implementing these in MMR. They said these would be a part of a proposal for a nod to the revised plan for the 33.5-km Mumbai Metro-III route, which will connect Colaba to Bandra, the international airport and Seepz.
The Cabinet gave in-principle nod for these proposals for the Pune region two weeks ago.
The underground metro service was earlier meant to be built under PPP but the plan was scrapped as it was deemed financially unviable. Under the new model, about 57% of the project cost (Rs 23,136 crore) will be raised through loan. The state and Centre will contribute Rs 2,403 crore each (10.4%) in equity. Another 1,650 crore will be raised through subordinate debt and taxes. The revenue collected through hike in stamp duty, development charges and betterment charge will be used to raise another Rs 1,000 crore for the project.
Metropolitan commissioner U P S Madan said there was a case for levying a development or impact fee in a manner that such investments would benefit citizens in the region and lead to increase in property prices. Sources said the government had plans to double the development charge while offering an FSI of up to 4 for projects within 500 m of transport corridors. Madan, however, said these limits were yet to be fixed.
The plan is to set up a dedicated urban transport fund from revenue collections to act as a "permanent source of revenue" for transportation projects. The same model will also be applied in Nagpur, where a Metro service is planned following the Cabinet nod, a senior government official said.
The government is yet to consider levying a cess or surcharge to discourage private transport. Madan said this could be considered once the public transport infrastructure is upgraded. State chief secretary Jayant Kumar Banthia endorsed the plan to hike stamp duty and development charges.
Courtesy: The Indian Express
Subscribe to:
Posts (Atom)