Voting rights as per Maharashtra Apartment act.
I have bought flat in 2006 in Pune, agreement to sale was registered in Jan 2006 and got possession of the flat in Jan 2007. Building was handed over to adhoc Managing Committee. Deed of declaration was registered by builder in March 2009 thus condominium was formed.Later on builder asked all members to sign deed of apartment, but avoided to give draft of agreement.10 to 15 members including me had some issues with builder hence we were asking him to resolve those issues (he was running office in our building and wanted 500 sq. ft. land to set up transformer for his another project). Meanwhile 20 to 30 members of the same project got their apartment deed registered. After lot of follow up he gave us the draft in Feb 2013 which had unlawful conditions wherein we were to agree to give him that additional land (500 sq. ft.) and also allow him to run his office in residential building. So we requested him to remove those conditions, he denied it. Surprisingly these conditions were not there in the apartment deed of those 20 to 30 members who had signed apartment deed during 2009 to 2010. So we submitted our application of deemed conveyance to DDR Pune, DDR Pune has given order in our favour. Now we have submitted our application for adjudication and final registration to Joint registrar Pune in Dec 2015 but it is taking long time. During this period of 2007 to 2015 , we were enjoying all the rights of Apartment and also fulfilling our duties completely. Builder himself stays in the same building since 2007, he was also member of the Managing Committee but was expelled in 2013 as he had registered correction deed without taking consent of the flat owners, with this correction deed he attempted to transfer 500 sq.ft. land of our building in his name. He has retained 7 flats in the project of 64 flats and sold 8 to 10 flats to his friends, associates, relatives. Some of them are office bearers of the Managing committee hence may be supporting him. Later on builder complained to Managing Committee that anyone who has not signed apartment deed/conveyance deed should not be treated Member of the Apartment. Managing Committee sought legal opinion from Pune based advocate which says that Members who have not signed Apartment deed/conveyance cannot be treated as Member of the Apartment. We suspect foul play in this. Moreover our Apartment deed registration (through deemed conveyance process) is in quite advance stage. In view of above request appropriate guidance to protect our legal right.