• Society formation

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
Religion: Hindu

1. Now if all or the majority of the flat owners wants they can form association/society of such nature as he wants.

2. So forget what the developer got signature for any other body of flat owners by few of the owners and make your own.

3. once the society is formed it can take over management of the complex and start running it. 

Devajyoti Barman
Advocate, Kolkata
18560 Answers
265 Consultations

5.0 on 5.0

Dear client, 

10 members are enough to register society. And when all the flats are sold , builder has no say in the matter. 

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

You can Complaint to Dy. Registrar he will resolve the issue

Prashant Nayak
Advocate, Mumbai
16605 Answers
30 Consultations

4.6 on 5.0

builder cannot force flat owners to agree to condominium

 

2) 

All flat owner should hold meeting and elect Promoter.All power for Registrations,documentation etc. should be given to promoter.The resolution should be passed and must be sign by all flat owners who wish to become member of the Co-operative Housing Society

3) purchasers can apply for registration of Co-operative Housing Society under Non Co-operation.In this case one of the flat owner should be elected as CP for Registration purpose.In this case some more time is taken to registered society as registrar is issue notice to builder for Non Co-operation. If no response then ex-party decision are taken for registration of the society..decisions is given by District Deputy Registrar [DDR] then society is registered

 

4) if registrar refuses to register society due to formation of condo minimum members who have not signed deed of declaration file suit and seek court orders to direct builder to form cooperative housing society 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

Move to court for getting a stay on operation of the builders society and to declare the society formed by the builder as illegal which would be unable to look after the interest of majority of members.

Mohammed Mujeeb
Advocate, Hyderabad
13706 Answers
5 Consultations

4.5 on 5.0

Hi,

You are suggested to form the society as per the law and ask the builder to co-operate and if he is denying to do so, serve him a legal notice

Ganesh Singh
Advocate, Delhi
3440 Answers
9 Consultations

4.5 on 5.0

You may go ahead and form the same. The builder can not force you to live in  a  Condominium. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17400 Answers
279 Consultations

5.0 on 5.0

This is compulsory to form a resident welfare Association to take over the management of the society by the association and maintain the society after receiving the common area maintenance charges from the apartment hotel you are right you can from the society by getting 10 members signature  to initial subscriber and registered with the registrar of societies and Chits.

After the registration of the society you can take over the common area maintenance of a society from the builder and complete the remaining formalities of Management

Vimlesh Prasad Mishra
Advocate, Lucknow
6152 Answers
19 Consultations

4.9 on 5.0

1) Rest of the members can registered proposed society as of now and form society than can form registered society with the help of all members and ask builder to hand over all details of maintenance and others procedure.

Ganesh Kadam
Advocate, Pune
9004 Answers
74 Consultations

4.9 on 5.0

1. EVEN "IF" a Condominium is registered, the majority Flat Owners can still a Cooperative Society, after taking proper permission from the Coop. Registrar.

Hemant Agarwal
Advocate, Mumbai
3650 Answers
19 Consultations

5.0 on 5.0

The remaining members may refuse to sign the deed stating that you all wanted a society and not a condominium, let the builder put pressure on you people, you can take him to consumer forum for relief and remedy because the builder cannot take a decision on his own especially when the conditions are different to that of his actions now. 

The members can join together and issue a legal notice to the builder in this regard.

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read:

Requisites of forming an apartment owners association:

  • A minimum of seven members are required to form an association.
  • A memorandum has to be created. The memorandum will state the name of the society, the objectives, the names, addresses and occupations of each and every member.
  • The bye-laws or the rules regulating the conduct of the affairs of the society will be made.
  • The memorandum and the bye-laws will be filled with the registrar of the societies concerned by a member of the committee of the society.
  • The memorandum will be registered.
  • The memorandum and the bye-laws have to be printed or typewritten and have to be signed by the members.
  • The registration charges are nominal.

Netravathi Kalaskar
Advocate, Bengaluru
4558 Answers
22 Consultations

4.8 on 5.0

  1. As per the information mentioned in the present query, makes it clear that builder has formed a Condominium, but he has forgotten that it may only be for some short duration.
  2. Eventually, there must be society for carrying out the difference functions with the area of society.
  3. To formulate rules for the peaceful environment and for residing without any inconvenience.
  4. You should approach the civil court of law after approaching/ or involving municipal authority as part of the suit seeking immediate formation of the society as formation of the same also mentioned in the agreement.

Sanjay Baniwal
Advocate, South Delhi
5030 Answers
11 Consultations

5.0 on 5.0

Since builder has executed deed of declaration it is better to proceed with formation of condominium 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

Condominium Declaration, also sometimes known as Master Deed, is a fundamental document that establishes the existence of and further governs the use .

 A document used by condominium developers to record the project;its division into condominium ownership;and the grant of common areas to the condominium owners.Also called the declarations,the condominium declaration,or the declaration of condominium.

Therefore there is no impediment to form, a condominium if all the owners consent to it.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

Yes you can do that

Prashant Nayak
Advocate, Mumbai
16605 Answers
30 Consultations

4.6 on 5.0

1. Your original query says "builder has formed Condominium"

2. NOW you say "Can we go with formation of Condominium"

WHICH OF ABOVE IS TRUE.

3. Anyways, IF builder is ready THEN it is good enough and after registration & conveyance of property in favor of Condominium, builder will have no rights left, of any sorts.

Hemant Agarwal
Advocate, Mumbai
3650 Answers
19 Consultations

5.0 on 5.0

supplementary deed should be duly stamped and registered 

 

2) agree for condominium 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

you can challenge the same. Actually the common areas belong to society only. Builder doesnt have any right he has to give conveyance for the same.

Prashant Nayak
Advocate, Mumbai
16605 Answers
30 Consultations

4.6 on 5.0

Don`t even rely on builder. He will promise every thing now to settle, later will definitely violate the promise. Even after sale builder have no say and after formation of society, complete ouster of builder.

Supplementary deed is fine.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

1. IF builder had earlier duly registered Condominium (irrespective of any clauses), THEN the same is final and binding on all flat owners. Now what is left is "rectification deed", by builder & involving all parties and settle amicably.

Hemant Agarwal
Advocate, Mumbai
3650 Answers
19 Consultations

5.0 on 5.0

If it is beneficial to you then you may go ahead with the same.

You may first confirm whether the agreed subject has been implemented in spirits and facts

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

The registered supplementary deed is very much valid in terms of the conditions recited in it.

The rights over the proeprty including the additional  FSI shall vest with the condominium by virtue of this supplementary deed.

 

T Kalaiselvan
Advocate, Vellore
61766 Answers
796 Consultations

5.0 on 5.0

all future rights for FSI will be with 

'SHREEPHAL HOMES CONDOMINIUM' 

Ajay Sethi
Advocate, Mumbai
71853 Answers
4317 Consultations

5.0 on 5.0

Builder reserved the right in case any law amended where additional Extra F.S.I- than builder will have the authority to use, sell etc.

Yogendra Singh Rajawat
Advocate, Jaipur
16608 Answers
21 Consultations

4.6 on 5.0

1. Mumbai HC, has upheld that once a Entity is duly Registered (means Society /Association /Condominium), THEN builder will NOT have any right, on balance /pending /future FSI, in any manner whatsoever.

2. Hence any clause contrary to above would be a violation of the Contract Act, MOFA & now RERA.

Hemant Agarwal
Advocate, Mumbai
3650 Answers
19 Consultations

5.0 on 5.0

File a writ petition in high court for speedy direction to builder

Prashant Nayak
Advocate, Mumbai
16605 Answers
30 Consultations

4.6 on 5.0

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