The right to form a society is now a fundamental right of the citizen (Article 19 of constitution). If flats are sold as per the Maharashtra Ownership Flats Act, 1963 [MOFA] then it is the duty of the Builder / Developer under Section 10 (1) of the Act to form society and follow the procedures of handing over the up-to-date account and related documents to nominated committee. An association of apartment owners can look after the society’s common areas and facilities such as the garden, pool and gym, implement maintenance procedures and organize functions and celebration. It can also charge maintenance fees, formulate rules for living within the society, take action against troublemakers and, if matters get serious, go to court over issues related to the same. However, for an association to be effective in such legal matters, it is important for it to be properly formed and registered. Then a society is registered under Co-operation of the builder/promoter, in such a case the builder is called Chief Promoter;and other flat owners automatically become Promoters for Registration of the Society. However, when the Builder is not co-operating to form the Society in such a case one the Flat owner has to take the place of Builder and to be called as Chief Promoter just for registration purpose only, since the Society is under process of registration under non-cooperation of the builder such a CP continues the formality of registration of Society.