• Rights of Condominium members

Hi
Context
Condominium of 9 apartment owners in a Mumbai building made and it's deed of declaration and bye laws registered 15 years back 
but 
Deeds of Apartment with actual apartment owners signed but never registered
and
Original developers have shown certain common areas (as per approved BMC plan) to be their private property leading to more than 50% of private area in their name
and
Condominium has never held any meeting, has no PAN, has no GST number
and 
Condominium is not maintaining the building properly

Questions.
1. Would voting rights in a Condominium meeting be determined by number of people present and voting (as per Supreme Court judgements in case of cooperative housing societies) or would they be determined by the voting shares wrongly specified in Deed of Declaration of Condominium?

2. Can Condominium members ask for annulment of the Condominium given that it is practically non functioning and has two fraudulently inserted members? 

3. Can Condominium members ask for conversion of Condominium to Society? What kind of majority would be needed for that?

4. Maharashtra Apartment Owners act mentions that Deed of Declaration implies deemed conveyance in the ratio of common areas specified in the Deed but explicit conveyance has never been done not have the Deeds of Apartment registeted. What are the legal remedies in this case? 

Regards
A
Asked 2 years ago in Property Law
Religion: Hindu

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6 Answers

Voting rights would be as per deed of declaration 

 

2) you need court orders 

 

3) AGM has to be called for conversion of condonium to society 

 

4) you have Ito sue the builder for registration of deed of apartment 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. Voting Rights in a Condominium Meeting: Voting rights in a condominium meeting are typically determined by the provisions outlined in the Condominium's governing documents, which often include the Deed of Declaration, Bylaws, and Rules and Regulations. The specific rules regarding voting rights may vary from one condominium association to another. In many cases, the number of votes may be based on unit ownership, not the number of people present. You should review your Condominium's governing documents and consult with a legal expert to understand your specific situation.

2. Annulment of the Condominium: Annulment of a condominium is a complex legal matter and typically requires a significant legal process. To determine whether annulment is possible, you should consult with an attorney who specializes in real estate law and is familiar with your jurisdiction's regulations. The presence of fraudulently inserted members may be a basis for legal action, but the outcome would depend on the specific facts and circumstances of your case.

3. Conversion of Condominium to Society: The process of converting a condominium to a cooperative housing society can be complex and often requires the consent of a significant majority of unit owners. The specific requirements and procedures for such conversions vary by jurisdiction and are typically outlined in local condominium laws and regulations. You should consult with a legal professional experienced in condominium law in your area to understand the process and the majority needed for conversion.

4. Deed of Declaration and Conveyance: If the Deed of Declaration implies deemed conveyance of common areas and explicit conveyance has not been done, it is important to consult with an attorney who specializes in property law in your jurisdiction. They can advise you on the specific legal remedies available, which may include pursuing legal action to compel the conveyance of common areas or addressing any issues related to the registration of Deeds of Apartment.

Akram Khan
Advocate, Gwalior
20 Answers

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.

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.

 You can convert from condominium to society only if more that 50% members are ready for conversion.

In Condominium the Court having jurisdiction over the area in which the Condominium is located hears the disputes.

In a Condominium every apartment owner has voting right in proportion to the value of his premises, which is generally as per the area of the apartment and is defined while forming the Condominium.

In condominium, members of the apartment owners association elect a “Board of Managers” which in turn elects President, Vice-President , Secretary and Treasurer to manage day to day affairs.

Most of the upkeep and maintenance charges depend on the residents of the space. 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

A condominium is a housing arrangement where each homeowner owns their individual unit while jointly holding ownership of the common areas. Each individual unit is typically referred to as an "apartment," and its ownership is vested in the apartment owner(s). In the state of Maharashtra, India, condominiums are established in accordance with the Maharashtra Apartment Ownership Act of 1970.

These housing societies can be established either by the occupants of the buildings themselves or by a Promoter/Developer. Residents have the option to register a cooperative housing society independently, even without the involvement of a builder.

In the event that more than 50% of the condominium's members express a desire for conversion, it becomes possible to switch from a condominium to a cooperative housing society. The jurisdiction for resolving disputes within a condominium lies with the court that has authority over the area in which the condominium is situated.

In a condominium, each apartment owner is granted voting rights commensurate with the value of their premises, often determined by the apartment's square footage, as specified during the formation of the condominium.

The management of day-to-day affairs within a condominium is typically handled by a "Board of Managers," elected by members of the apartment owners' association. This board, in turn, selects individuals to fill key roles such as President, Vice-President, Secretary, and Treasurer, who oversee various aspects of the condominium's operations.

The costs associated with upkeep and maintenance in a condominium are generally shared among the residents based on their respective unit spaces, ensuring that each homeowner contributes proportionally to the maintenance of common areas and facilities.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

yes it can be converted into society by applying to registrar. Deemed conveyance can also be applied 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

my reply is based on a prima facie view. 

i will need to study the apartment ownership act for better advise

subject to the above, my replies to your queries are as below -

1. voting will be considered for the people who are actually present in the meeting and entitled to vote thereat

2. yes the condominium structure can be dissolved

3. yes possible with a simple majority of 51%

4. a suit will have to be filed for getting the conveyance 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

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