• Cooperative housing society related

1.  We have a new apartment complex built and sold by a builder.  There are 72 flats.  Ten flat purchasers have done sale deed and want 'apartment condominium' formed, while many others who have not done the sale deed, want a cooperative society formed.  I wish to know can the other group go ahead and form the society even if some have done the sale deed and are not willing for a society?

2.  If an apartment condominium is formed, will we be required to take builder's permission for selling our flat?

3.  If an apartment condo is formed can we still form a committee and manage the affairs?

Thanks.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
A condominium is a building or a complex of buildings containing a number of individually owned apartments or houses. Unlike a cooperative housing society, wherein the land or property belongs to the society, when you are part of a condominium or apartment owners’ association, every apartment owner has the legal title of his or her house along with a percentage of the common amenities. 
No. owner of a condominium does not require permission from anyone.
regarding the second question, consult some nearby lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
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when did you purchase flats from builder ? has all flats been sold ? what are clauses in agreement regarding formation of society / condominium . generally it is at the discretion of the builder . make a written representation signed by majority of members for formation of society . if builder does not oblige make an application to registrar under provisions of maharshtra cooperative societies act for formation of society . 

if condominium is formed you wont need builder consent for sale of your flat . after condo minimum is formed and registered the flat owners have to manage its affairs form a committee to look after affairs
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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1. The agreement which all the flat owners entered into with the builder must be having some clause respecting the formation of condominium or society. If the agreement does not have such a clause then it is a lacuna which cannot be cured at this juncture and necessarily brings into play the discretion of the builder. Since the majority of members want to form a society to manage the affairs they should submit a memorandum to the registrar to form a society.

2. You will not require any one's permission for sale of your flat if a condominium is formed. 

3. A committee cannot be formed after the formation of condominium.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0

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