Society formation without canceling Deed of Declaration under MAOA After completion certificate, Builder has got a Deed of Declaration filed under Maharashtra Apartment Ownership Act, 1970 (MAOA) forming an Association of Apartment. Subsequently, some residents have also got Deed of Apartments signed. However, subsequently, due to majority demand, he got a Co-op Housing Society registered for the same complex without cancelling the Deed of Declaration under MAOA. My question is: 1. What are the consequences of society formation without canceling Deed of Declaration? As per Deed of Declaration, the property was submitted under MAOA for registering condominium? 2. Does it have any impact on flat owners/society rights if society is formed without canceling Deed of Declaration? 3. Any negative implications due to forming society without canceling Deed of Declaration? Please highlight
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1) deed of declaration has to be cancelled then only society formed
2) was fact disclosed to registrar of cooperative societies that deed of declaration has been already filed for forming condonium
3) request builder to cancel deed of declaration
4) society formation would be illegal as association of apartment has already been formed
Thanks Ajay ji. It brings some clarity. However, why would it be illegal to form society without cancellation of Deed of Declaration?
You cannot ride 2 horses at one time
Builder has already filed deed of declaration under MAOA forming an apartment of association
When apartment of sssociation formed how can you form cooperative society . Hence need of cancellation of apartment of association
Contents of Deeds of Apartments.-
(1) Deeds of Apartments shall include the following particulars, namely:-
description of the land as provided in section 11 of this Act or the post office address of the property, including in either case the book, page and date of executing the Declaration the date and serial number of its registration under the Registration Act, 1908 and the date and other reference if any, of its filing with the competent authority;
the apartment number of the apartment in the Declaration and any other data necessary for its proper identification;
statement of the use for which the apartment is intended and restrictions on its use, if any;
the percentage of undivided interest appertaining to the apartment in the common areas and facilities; and
any further details which the parties to the Deed may deem desirable to set forth consistent with the Declaration and this Act.
If the condominium is to be registered, then what is the problem to cancel the deed of declaration.
Even without cancellation of deed of declaration, the condominium may be formed.
Residential condominiums are frequently constructed as apartment buildings, but there has been an increase in the number of "detached condominiums", which look like single-family homes but in which the yards, building exteriors, and streets are jointly owned and jointly maintained by a community association.
The common areas, amenities and utilities are managed collectively by the owners through their association, such as a homeowner association.
In a housing complex, a co-operative society is formed, with all the flat owners as members, to maintain and manage the affairs of the entire complex. Formation and functioning of such societies is governed by Maharashtra Cooperative Societies Act,1960.
Condominium, is a group of housing units where owner of each home owns individual unit space and ownership of common areas is shared by all. Every unit is called “apartment” and owners the apartment owner(s). A condominium is formed under Maharashtra Apartment Ownership Act, 1970.
However it is advisable to get the deed of declaration cancelled to form the society or condominium.
However, why would it be illegal to form society without cancellation of Deed of Declaration?
Deed of declaration is from the builder's side who shall have control over the entire building/apartments, where when a society is formed, the members will have full control over it, hence any one only shall remain