Builder has already filed deed of declaration under MAOA forming an apartment of association

When apartment of sssociation formed how can you form cooperative society . Hence need of cancellation of apartment of association

2) request builder to cancel deed of declaration

3) act of 1970 gave right to the apartment owners and also the vendor, to make declaration under section 2 of the Apartment Act, 1970 and see that the association is not registered as cooperative housing society or company.

4)if majority of flat owners waNt society to be formed you would need court orders to direct registrar to cancel deed of declaration issued by builder 

Once you form the society automatically the earlier association registration ceases. Cancellation is a formality. Still you can cancel the same through deed of cancellation nd register it for your convinience

There is vast difference between both Co-op Societies and Apartment Ownership Association.

Under co-op Society Act whole building or gruop of building are under one roof i.e. multiple flat unit under one law. and get facilities in common use, rules and bylaws can be prepared.

But in the Apartment Association every flat single unit remains owner and common services, bylaws etc are not compulsory like Co-op housing societies. Land owner can change rules as per his wish and no control over the building and land.

There is no 2A but 3A in the act.

Where Section 2 tells about Application of ACt

Where Section 3 tells about Definitions

and 3A tells about Apartment

"apartment" means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or part or parts thereof in a building, [intended to be used for residence, office, practice of any profession, or for carrying on any occupation, trade or business or for any other type of independent use] and with a direct exit to a public street, road or highway or to a common area leading to such street, road, or highway;

Your query is not clear to me. 

If there is a society you can dissolve the same and form a fresh flat owners association under Apartment ownership Act. 

Dear Sir,

It is not clear that regarding what you need to do the cancellation of declaration. However the society or apartment ownership association are almost the similar things having slight difference. Whereas society Act is general and the  apartment ownership association is specific.  Section 2 of the Maharashtra apartment ownership association Act states that this Act is applicable to property, the sole owner or all of the owners of who are agreed for the provisions of this Act by way of a Declaration given in the Act. It is further says that it is applicable to properties which are of residential, official or occupational in nature. It also says that the sole owner or all the owners of the land may submit the land to the provisions of this Act with a condition that.he or they shall grant a lease of such land to the apartment owners, terms and conditions of the lease being disclosed in the Declaration either by annexing a copy of the instrument of lease to be executed to the Declaration or otherwise.

Get the society registered in the office of registrar cooperative Societies 

Deed of declaration is from the builder's side who shall have control over the entire building/apartments, where when a society is formed, the members will have full control over it, hence any one only shall remain.

[Subject to the provisions of the second proviso to section 2 of this Act, each apartment], together with its undivided interest in the common areas and facilities, appurtenant to such apartment, shall for all purposes constitute heritable and transferable immovable property within the meaning of any law for the time being in force in the State;

and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedies and to penalty, forfeiture and punishment as any other immovable property, or make a bequest of the same under the laws applicable to the transfer and succession of immovable property.

Flat owners facing opposition from builders in forming cooperative societies can take heart from a recent verdict by divisional joint registrar of .cooperative housing societies which overruled a builder's objections and permitted residents of a housing scheme to establish a co-operative society.

 ..

The Registrar shall make an order canceling the registration of a society if it transfers the whole of its assets and liabilities to another society, or amalgamates of with another society, or divides itself into two or more societies or if its affairs are wound up, [or it is de-registered under the provisions of sub-section (1) of section 21A] [or winding up proceedings in respect of the society are closed or terminated under section 109.]The society shall, from the date of such order of cancellation, be deemed to be dissolved, and shall cease to exist as a corporate body.

1. Deed of declaration have to be cancelled before formation of society or association under Maharashtra apartment association act. 

2. If builder refuse to go for cancellation of declaration deed then file suit against builder for cancellation of deed.