After getting occupancy certificate, builder has formed Condominium for our building with help of 8 to 9 members out of total 20 members/flats .Now majority of members are interested in Society. when we requested builder to form society, he says Condominium has been formed and he wants us to sign on apartment deed of declaration. I think about 8 to 9 members have done the signatures on apartment deed of declaration. Others have not signed this deed.
We want to form society and cancle apartment as it was against our choice. Also our agreement to sale has clause mentioning that apartment or society will be formed.
Asked 11 months ago in Property Law from Pune, Maharashtra
Builder is ready to release their right on future fsi and all the common areas including terrace , open spaces etc. He has created Deed of declaration of Condominium.
Can we go with formation of Condominium ? I feel that with this deed, builder will have no rights in building.
Asked 13 days ago
Actually builder had already done condominium before with few members but I along with other members had not signed deed of declaration since in that builder had taken all the rights on fsi and common areas but now builder has given supplementary deed wherein it is mentioned about release of all the rights on common area and fsi.
Asked 12 days ago
We have received supplementary deed registered by builder mentioning release of builder's right on common areas including terrace and any furure FSI. Here I have specific question related to FSI. As per below clause in supplementary deed , is it true that all the rights of future FSI will be with Condominium ?
I am coping exact wording mentioned in the supplementary deed below,
3. The Grantors by this Supplementary Deed decided to release their right, title
and interest in respect of common areas and overhead terrace, excluding space of
parking which has not been allotted to any Apartment holder, in favour of
<Building name here> Condominium, and for that Limited purpose, the Grantors
herein executing present Supplementary Deed of declaration;
Now therefore the Grantors hereby declares that —
Notwithstanding anything contained in clause No. C RESTRICTED AREAS
the Grantors hereby declares that the Grantors have released all rights, title and
interest in common areas and specifically overhead terrace of building, in favour
of <Building name here> Condominium.
HERE is clause no. C's wording about FSI:
That in future by virtue of the amendment in the rules, regulation or the
laws of the Government or the offices of the Pune Municipal Corporation or any
other concerning Authority, additional Extra F.S.I granted, the Grantor No.11 i.e.
the Promoter, Builder and the Developer has absolute right to use, sale, transfer
or consume it by raising floors upon the said building. The present Apartment
Owners/ 'SHREEPHAL HOMES CONDOMINIUM' have no any right to
obstruct the Grantor No. I 1 from dealing with the aforesaid F.S.I to be available
in future. In the above event, the Grantor No.11 i.e. the Promoter, Builder and the
Developer deciding to sell the newly constructed units, such allottee/purchasers
will be admitted as members of the said Association of Apartment Owners and
accordingly the abovementioned percentage of the undivided..
Asked 4 days ago