Apartment Condominium is bind on the owners who have joined it`s membership and association bye laws are not binding on non members. Any seven members can form the society.
Changing from Apartment Condominium to Housing Society
Our builder has made a Apartment Condominium and is not ready to change to housing society. Our society has 168 apartments out of which close to 95 have executed their individual apartment deeds. We have consulted many lawyers, but we have received mixed responses. Recently, in 2018, an amendment was passed for 1970 apartment act, which says that with 51% approval, the apartment holders can come out of the Apartment act. We have the copy of the same but again consulted with a couple of lawyers and they have different views. Is there any way we can convert our Apartment Condo to Housing Society?
Asked 4 years ago in Property Law
Religion: Hindu
14 Answers
1. YES. FIRSTLY apply for dissolution of Apartment Condominium, via a duly called Notice-Agenda-majority Resolution for specific purposes, by following due procedure of law. This can be done thru a "declaration suit" in the local Civil Court.
2. AFTER & Armed with the declaration decree, apply for registration of Society under the Maharashtra Cooperative Societies Act, AGAIN AFTER following due procedure of law.
3. Condominium under MAOA CANNOT be converted to CHS under MCS Act, without following above procedures.
4. Note: Apartment Condominium is much much easier to administer without the interference of the Registrar of Coop., when registered as a CHS, which is more complex and fraught with internal disputes.
Yes you can convert the same
1. It is not sure why you are getting divergent opinions.
2. However once more than half of the flat owners are ready to form a apartment association then no one , even the developer can stop them .
3. Once sale deed is executed and registered the developer is divested in the property and the flat owners can alone decide whether to form association or not.
4. So even in existence of condominium there is no legal restraint for the majority flat owners to forma separate association under Apartment Ownership Act.
kindly clarify whether majority of flat owners have signed deed of declaration ?
2)
under Section 10(1) of the MOFA Act read with Rule 8 of the MOFA Rules, it was mandatory for Developer to take steps for formation and registration of a Cooperative Society of flat purchasers.
3) make application to registrar to form society of all members . enclose consent of majority of members for formation of society
As a follow-up a few additional details on the issue - 1. This is an old property built in 2005 2. The builder has not handed over the accounts to us 3. The Deed of Declaration is done dated - 7/10/2009 under section 2 of Maharashtra Apartment ownership Act, 1970 and has formed a condominium of the flat purchasers under the name of SUROBHI TOWNSHIP APARTMENT/CONDOMINIUM 4. The builder is still working on the last G wing (we have A,B,C,D,E and F wings currently) 5. More than half of the current flat owners have done the apartment deed (sale deed) Hope the questions asked above are answered and we get more clarifications on this.
Asked 4 years ago
*Correction
All the owners have to come together to get the association registered.
If more than 50 per cent of members have signed deed of declaration/ deed of apartment it would not be possible to register society
If association is formed and deed of apartment is done you can't form CHS.
As land conveyance is along with deed of apartment registration in percentage.
If no deed of apartment is done, than you can form a society.
And the magic signatories numbers are with you.
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.
A minimum of ten members are required to form a cooperative society. The Co operative societies Act do not specify the maximum number of members for any co-operative society.
The Co-operative Housing Societies are framed and enlisted under the procurement of Maharashtra Co-operative Societies Act 1960. The Co-operative Societies are shaped by any 10 individuals from distinctive families. The said Societies are framed by occupants of structures by the individuals themselves or by a Promoter/Developer.
residents can come together and register a cooperative housing society. You can do this without the builder.
Legally, the builder can register a cooperative society after 60% flats are sold. The complex/building may or may not be ready at the time of society registration.
Section 10 of the Maharashtra Ownership flats (Regulations of the Provisions of Construction Sale, Management and Transfer) Act makes it obligatory on Promoter (Builder to submit proposal for registration of a Co-operative Housing Society, within a period of four months from the date on which the minimum number of members required to form such a society have purchased the flats. Yes, a Co-operative Society can be formed even if the builder does not co-operative. In such a situation a notice should be issued to the builder. A copy of such notice has also to be sent to the Dy.Registrar / Asstt. Registrar of the concerned ward with a request to call upon the builder to explain his stand on the above and matter. The minimum number of members required to form a Co-operative Society is ten. However societies can be formed with less than ten members after obtaining the permission from the Competent Authority.
If association is formed and deed of apartment is done you can't form CHS.
As land conveyance is along with deed of apartment registration in percentage.
If no deed of apartment is done, get a good consultant who will form society.
You need 51% signatories and a lot of documents along.
You need to file a detailed complaint before DY registrar. He can direct the requisite procedure as well remedy in the same
Even if the Builder have not handed over the accounts to the newly formed resident welfare Association the resident welfare Association have all the right to run the maintenance of the common area of the society and all the members of the society those who are resident bill mandatory for them to be the member of the society as soon as it take position after Apartments completion of the construction The Builder has to transfer the entire property to resident welfare association to take care of and in the meantime resident welfare Association mein charge maintenance for the properties which is complete and this has been done in favour of the apartment holders there is nothing wrong in that and the residents can from the society and take over the maintenance of the society
Yes you can convert from condominium to society only if more that 50% members are ready for conversion.
The members who are agreeing for formation of Society should make application to Sub-registrar cooperative societies for formation of society.
