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Regarding formation of housing society

(Querist) 15 October 2012 This query is : Resolved 
Dear Experts,

I own a flat in a gated community in Hyderabad. I need information regarding the following:

1. What are the requirements and procedure for formation of flat owner's association or society?

2. Does the builder completely part with his rights over the gated community including the amenities like club house and all after the society is formed and subsequently the gated community is handed over to the society?

Kindly respond. Thanks.
ajay sethi (Expert) 16 October 2012
has the builder sold the flats in the building . on sale of flat flat owners can come together and form society . genearlly builder forms the society after flats are sold .it has to be done with 4 months atlest in mahrashtra .

conveyance of land is done by builder subsequently . if builder has plans of construction more buildings he wont hand over the club house to members at this stage . only permit them to use the club house
RAJU O.F., (Expert) 16 October 2012
In Tamil Nadu, there is 'The Tamil Nadu Apartment Ownership Act,1994' and also 'The Tamil Nadu Apartment Ownership Rules, 1997'. In Andhra Pradesh also, similar provisions would be prescribed. You may get books on the said Act and Rules from shops of legal books and please act accordingly.
K.K.Ganguly (Expert) 16 October 2012
1)It requires minimum 8 flat owners to form a society.Go to the appropriate department, collect the necessary application form for forming the society & register the same.
2) When the builder sold the flats to you, he sold the same alongwith the proportionate share of the land & the total proportionate share of the land has been mentioned in the sanctioned plan.So, you know the total land also on which the building has been constructed as per sanctioned plan.Take possession of that for the society.
3) If the club house is shown in the sanctioned plan then it will belong to the Society.
4) Normally the builder hands over the property to the society once the same is formed through a letter to ensure that the expenses on tax etc. are not levied on him.


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