Yes you are.doing correctly see in case society is not registered it is not legal.entity therefore it is better to.sign complaints individually.

1) You are doing correct , for that you can form first Proposed society and than registered society after getting all of owners meeting and form registered society.

2) You can follow the MCS act and form the Proposed society for all members benefits.

Yes the said procedure is proper. You can also Approach Dy registrar if any assistance is required in the same.

Dear Client,

To make society norms binding on members and application of society act, registration is required so that any arbitrary action of committee can complained to Society registrar or remedy through co operative court.

Whereas In your case, it will be consider as association of flat owners and conducting meetings and sending written complaints or mails with signatures of max flat owners to the builder is valid through mode too.

But remedy against builder will be than from consumer court only.

Dear Sir,

- W.r.t to the concern of unregistered Society, all the trustees in charge of the fund have alone a legal status and the society has no legal status, and, therefore, it cannot sue and be sued.

- A non-registered society may exist in fact but not in law. It is immaterial under the Act whether the society is registered but where the benefit is claimed, the registration of society under the Act us required.

- An unregistered society cannot claim benefits under the Income-tax act.

- Any resident can lodge a complaint in-case any unauthorized or action taken forcefully 

Regards

Vivek Arya

why is society not registered?

 2) a builder must form a society within four months of selling 60% of the flats.

3)  Section 10(1) stipulates that as soon as a minimum number of persons required to form a co -operative society or a company have taken flats, the Promoter shall within the prescribed period, submit an application to the Registrar for registration of a co-operative society or as the case may be, a company. The prescribed period as mentioned in Section 10(1) is a period of four months as more particularly set out in Rule 8 of the said Rules.

4) issue legal notice to builder to form cooperative housing society 

Flat owners are not dependent on builder to form society, on the contrary once all the flats sold, builder has no say in the matter. Ten flat-owners are enough to promote a co-operative housing society.

If the builder does not form a society, rights to the terrace and the compound continue to rest with him. Rest you are doing fine.

You can yourself initiate the procedure for forming Society

Owners can file complaint individually if society is not registered. 

Corporation will be member and you have to collect maintenance from corporations.

Builder can take care of maintenance and account related issued till he handover society details to society members.

1. as per the Maharashtra Co-op societies act and MOFA, if 10 persons have taken flats, then the builder has to form society 

2. if he does not form society then flat owners can themselves register a society

3. the maintenance charges for the corporation flats has to be collected by builder until he conveys the land and building and management of the same to society

4. you can form a society instead of an association and apply for deemed conveyance to get full control over the land and building 

5. on formation of society, the member for the 20% flats handed to corporation will be the corporation only 

builder is required to furnish audited statement of accounts of expenses incurred by him 

2) you are at liberty to raise issues of common interest with the builder 

3) keep record of all correspondence exchanged with builder 

till formation of society builder has to recover maintenance from flat owners 

2) corporation would be liable to pay maintenance charges if it has not sold the flats 

Once society is made they will have to take membership of the same and will pay maintenance to the Society. The present arrangement will be only valid till the Society is not formed

Corporation.

See since association is not registered you have to represent individually or in group and can ask builder to take steps even if the society is not registered. Also builder can register society even when flats are not sold .

Instead of representing individually about the problems faced by the members of the premises, it is a good idea to represent the aggrieved members through a body or an association even though it may not be a registered body.

There is no legal infirmity in it.

The registered body can effectively fight against the menace and tortures given by the builder post construction about the incomplete issues.

Even though you cannot legally claim for such fund transfers since the unregistered society is not recognised legally for getting the corpus funds transferred to its account, there is no illegality in asking him to render proper account of the funds created for the purpose of corpus out of members;' money.

If necessary you can even get the association registered which he cannot object to.

The legal owners are responsible to pay the maintenance amount namely the corpus funds and the tenants are liable to pay the monthly maintenance to the association.

You may ascertain the ownership of the 20% flats and can demand the maintenance amount from the ascertained owner.

In fact the builder has to formally organise all such things and after completing all such formalities, he may have to handover the premises to the association formally on a date fixed complying with the procedures meant for this transfer