Association never intervened to collect dues for builder on behalf of owners, and now Association is coming forward to collect dues on behalf of owners for Khatha.
The primary role of association should be for day to day welfare and maintenance of residents. Let this get done first before the association puts efforts on other activities like Khata.
What will association do to protect residents (tenants included) against disconnection of amenities by builder.
I suggest rather than make payments of the development fees into association account , the association may collect individual DD's from owners made out in the name of Gram Panchayat, set a deadline for the total collection and hand over all the DD's to the Gram Panchayat at one shot.
Tomorrow for any reason whatsoever, if there is a legal issue questioning whether or not payment of Development Charges has been made out to Gram Panchayat,, the owners will have no proof to show that such payments have indeed been made.
Moreover, there is potential conflict of interest if the association accumulates such large sums of money from owners for purpose of Khata Formation. Better collect individual DD's in favour of Gram Panchayat
Role of association is for maintenance of the society and it is better that issues related to any document pertaining to ownership rights be left between builder and individual owners.
Association can facilitate this but should not collect funds into any account separate or otherwise for this purpose.
Thirdly, Association has no right to use corpus funds collected to fund for the purpose of Khata .........what does the charter byelaws say about the use of corpus funds.
Finally, Association has no right to levy fines on people who do not pay on time dues for khata formation, which relates to ownership. The role of assocication and its scope of activities is post ownership ........... they can only facilitate the khata process
Ganesh
A0401