Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
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In modern times buying independent houses has become a
costly affair as the price runs to Crores of rupees in metropolitan cities,
since the land prices have increased by leaps and bounds. Hence, the people in
the urban areas have no other choice but to buy apartments which are also
costly are some what affordable to the middle class people. The Government is
also launching several schemes where apartments are built especially for the
low income group/economically weaker sections of society. Thus, apartment
culture is here to stay which was not the trend a few decades ago.
Apartments are a cluster of buildings where each owner of a
flat is having specified common rights in the apartment buildings and also
enjoys the common facilities available there.Thus, it is mandatory have
apartment owners association in every apartment building to manage the affairs
of the building like maintaining the common areas, providing security,
maintaining of common facilities like Gym, Swimming pool,Children’s play area,
paying water,electricity,taxes to the government authorities etc. All this
involves expenditure which has to be shared by each member of the society.
The managing committee of the apartment owners’ cooperative
societies decides the charges payable by each flat owner as per the resolution
passed by the General Body of the society. Sinking Fund is one of the major
charges collected the along with other maintenance charges.This Fund is
constituted under the by laws of a society with the main purpose of
reconstruction of its building/ buildings or for carrying out any structural
additions or alterations to the building/buildings. The alterations/ structural
additions or reconstruction, carrying out heavy repairs has to be certified by
the Society’s Architect.
The benefits of the sinking fund are many and come in handy
in case urgent repairs to the buildings. Recently, many apartment buildings
have collapsed due to lack of repairs and negligence, leading to financial
losses and loss of human lives. If proper repairs/ maintenance work had been
carried out on regular basis such incidents would not have happened. Hence,
there is the necessity of sinking fund in every apartment owners’ society as
such funds will be very useful in carrying out periodic repairs/ maintenance or
major structural constructions. As huge amount of money is required for such
work, the individual flat owner will not burdened all of a sudden where such
sinking funds are created and maintained on a regular basis. This fund will
ensure that the society has sufficient reserve funds to carry out the required
work in times of need.
For example-A complex needs to undergo renovation and the
estimated expenditure is around Sixty Lakhs and the sinking fund has already
Rupees fifty Lakhs, then only the balance amount of Rupees Ten Lakhs will be
required. Otherwise it will become a huge burden for the members of the
society.
The general body of the society decides the amount to be
contributed by each member to the Sinking fund and in general the minimum
amount should not be less than 0.25 percent per annum of the construction cost
of each flat incurred during the construction of the building of the society
and certified by the Architect excluding the cost of the land. Members have to
contribute on a monthly basis along with other maintenance charges. The
landlord has to contribute towards the sinking fund if the apartment is on
rent.
Sinking
fund register
The amount in the sinking fund is not required to be
utilized as normally the new buildings do not require reconstruction or major
repair within a period of 5 to 10 years. As this is a very long period, the
fund will get substantial returns to the society if invested on a long term
basis. There is provision for investment of this fund in the co-operative
society’s Act and under the by- laws of the society. It is covered under
Section 70 of the Maharashtra Co-operative Societies Act, 1960.
The Co-operative Housing
Society will be allowed to invest its
fund in the State Co-operative Bank or The District Central Co-operative Banks
or the securities specified under Section 20 of the Indian Trust Act. For
facilitating day to day banking transactions, the Registrar can permit
Co-operative housing societies to invest their funds in the nationalized banks
or other Commercial banks, or the Urban Commercial Banks.
Under Section 146(c) of the Maharashtra Co-operative
Societies Act, 1960 it would be considered as an offence if the society fails
to invest the fund as prescribed above.
The society, officer, member, employee present or past of the society or
any other person, who commits the offence will be liable to fine.
The normal laid down procedure has to be followed for
utilization of the sinking fund. The approval by the General Body of the
society has to be obtained and Architect has to be appointed at a general body
meeting. The architect should prepare plans and estimates with specifications
of structural changes required to be carried out in the building. The Managing
Committee of the society has to appoint a contractor to carry out the work on
the terms and conditions set out by the general body.
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