By Arosh John | Founder – John Real Estate (MahaRERA Reg. No. A51700001835) | Editor-in-Chief – Thane Real Estate News
The grey area: developer-controlled phase
In the early years of a township, before all societies are formed and the federation is registered, developers manage township-level maintenance (FCAM). They collect charges and operate layout-level amenities such as internal roads, gates, sewage and water treatment plants (STP/WTP), clubhouses, landscaping, and township security.
- MHRD Act, 2012, Section 11(4)(g): Promoters are obligated to provide and maintain essential services until handover to the common organisation.
- MahaRERA Order 57/2024 (30 July 2024): Developers must disclose in the Agreement for Sale the list of building-level and layout-level amenities, along with the proposed handover date to the federation/society.
The handover timeline
- Society formation – Each tower/block registers its housing society/condominium.
- Federation registration – Societies collectively form the Apex Body/Federation for layout-level governance.
- Conveyance execution – The developer transfers the layout land and amenities to the federation through registered deeds.
- Handover of contracts & accounts – Vendor agreements, staff, and maintenance funds are transferred.
- Resident control – The federation’s General Body begins approving FCAM budgets, charge formulas, and audits.
What if your agreement has no handover dates?
- Agreements signed before 30 July 2024: Developers were not legally required to mention specific handover dates in the Agreement for Sale. Many agreements only stated that amenities would be handed over once the society or federation was formed, leading to uncertainty and delays.
- Agreements signed on or after 30 July 2024: Under MahaRERA Order 57/2024, it is now mandatory for promoters to:
- List all building-level and layout-level amenities in the sale agreement.
- Specify the proposed handover date for each layout-level facility to the federation/common organisation.
If your agreement is older:
- Check your project’s MahaRERA registration page for annexures that disclose amenity timelines.
- Societies can collectively demand a handover once registered.
- If the developer continues to delay, residents may file a case with MahaRERA, citing possession without proper handover of common amenities.
Why timely handover matters
- Transparency: Residents gain oversight of FCAM budgets and spending.
- Cost efficiency: Federations negotiate contracts more competitively.
- Property value: Properly managed campuses sustain higher valuations.
- Legal protection: Delays can be escalated to MahaRERA for enforcement.
Resident safeguards
- Verify your Agreement for Sale and MahaRERA registration documents for amenity details.
- Keep records of FCAM payments made to the developer.
- Push for early society and federation registrations to trigger the handover.
- Demand audited accounts during the handover process.
- Escalate non-disclosure or delays to MahaRERA using Order 57/2024 as your basis.
Still unsure why FCAM exists at all? Read our primer on Why Two Maintenance Bills Exist in Maharashtra Townships → [link to Article 1]
About the Author
Arosh John is the Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News. With over 10 years of expertise in Thane & MMR, he specialises in resale transactions, NRI advisory, and luxury villas. Through TREN, he decodes regulatory and market complexities for buyers and invArosh John, Founder of John Real Estate (MahaRERA Reg. No. A51700001835) and Editor-in-Chief of Thane Real Estate News, is a leading Thane real estate expert. With more than 10 years of experience, he advises on resale, new purchases, and NRI investments, while providing fact-checked insights on township governance and housing laws. Through TREN, he has become a trusted voice for buyers and investors seeking clarity in the Thane property market.estors.
Consultation
Planning a resale, new purchase, or investment in Thane? Schedule a consultation with Arosh John for personalised advice on due diligence, documentation, and deal structuring.
Disclaimer
This article is based on the Maharashtra Housing (Regulation and Development) Act, 2012, the Model Bye-laws (2014), and MahaRERA Order 57/2024 (30 July 2024). It is intended purely for general educational purposes.
- Agreements executed before July 2024 may not contain handover dates; in such cases, buyers should rely on RERA registration documents and collective society action.
- Agreements executed after July 2024 must, by law, include amenity lists and proposed handover dates.
Interpretation and enforcement of these provisions may evolve through government notifications and judicial rulings. Readers should consult their project’s RERA documents, registered federation bye-laws, and qualified legal professionals before acting on these issues. Neither the author nor Thane Real Estate News is liable for decisions taken solely based on this content.
