• Please throw light on when APEX society can be formed

Background:

1. We are 6 buildings of a township and part of Phase II in PUNE, MAHARASHTRA
2. We are now planning to go for Society formation. All buildings feel that each building should have separate Co-operative society and then form an APEX SOCIETY of these societies
3. Builder had plans to form condominium and filed Deed of declaration. However, we have given him consents of majority residents for Co-op Society and he is ready to give NOC.

Advice urgently needed:

1. Can an APEX society be formed of 6 societies in the township? Note that we are flat owners, not land owners. I have heard that only landowners societies can have an APEX society;

2. If not 6 societies, then will it be advisable to form single Phase II society?

3. Will common area & facilities remain under control of builder in above cases?

Please advice with reference to legal provisions as I wish to communicate it to residents clearly
Asked 3 months ago in Property Law from Pune, Maharashtra
Religion: Hindu
 object of apex society is to promote the principal objects of the societies affilated to it as members and to provide for the facilities and services to them, 

2) apex society can be formed of the 6 societies 

3) you   can if you so desire form one society for residents of 6 buildings 

4) conveyance will be executed by builder in favour of one society of the 6 buildings 

5) common areas and smithies will it be in control of the builder 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
in apex society common area will not be in control of the builder 

2) you had also sought information as to whether one  society  can be formed of 6 buildings  

3) it was in this context i mentioned that conveyance would be executed in favour of one society formed of the 6 buildings 

4)in case of apex society or federation formed conveyance would be executed by builder in favour of the apex body 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Formation of Co-operative Housing Society
Practically every developer has to form a Co-operative Housing Society at one point of time or another. With the limited amount of options available with regard to management of the affairs of the building i.e. (a) Condominium (b) Private Limited Company and (c) Co-operative Society,
 When a builder constructs flats and sells them to Flat Owners, the Society when formed is called Flat Owner’s Society.
The builder under the Flat Owners type of co-operative society has the first right to act as the chief promoter. The developer/flat purchasers should call for a meeting of the Promoters by issuing the notice under Agenda of the meeting.
It is a common belief that the Society should consist of atleast 10 members. If the number is less than 10 then special permission from Governmetn has to be taken. In such cases, the garages/car parking may be allotted to other relatives of the promoter to reach number of 10.
In case of such proposed societies, names of 60% of the flat holders of the total number of flats constructed or proposed to be constructed as per the plan approved, must be included in Statement ‘A’ to be attached to the Registration Proposal.
It is the duty of the Registrar to register the society and on registration of the society it becomes a separate legal entity. Thereafter, the management of the affairs of the society is carried out by the managing committee which is elected by the general body meeting of the society.
Later in a general body meeting of the so formed society, the matter to form an apex society combining all the small societies within the township may be taken up and resolved accordingly sio that an apex society may be formed as desired,
Conveyance will be executed by builder in favour of one society of all the buildings 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. In Apex society, will common area be in control of builder only?

After the formation of Apex society and the same is registered with the registrar of cooperative societies, the common areas shall be under the apex society.






2. You said that conveyance will be executed by builder in favor of one society of the 6 buildings. Does that mean that conveyance will not be executed in favor of Apex body? It will be executed in favor of ONE of the six buildings?

In case apex society is formed the the conveyance will be made in favor of the society by the builder. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0