Apartment owners Association

Need not wait for registration by the builder, u form owners association.

We have made an association & given a letter to the builder stating so. But we have not registered our association. Do we need to register the association to have a legal standing.

You can form the Co-Op Hsg. Society /Aprartment condominium if you have 60% of unit purchasers with you. [If total no of flat in the scheme is 100 then 60 people should join together]. you should move and application to Sub-Registrar of co-operative society seeking formationof a Co-Op Hsg. Society / Apartment Condominium. On recipt of your application either the sub-registrar will issue notice to the builder and ask him to form the Society / Apartment condominium or will give you direction to form the same on your own. This will give you a legal status and even you can proceed agaist the builder in Cosumer Forum to seek compensation for non-mentainence.

Yes u have to register the society.

Many thanks for the replies.  If the bye-laws of the association is registered along with the Association, later can we able to change the bye-laws?

you can always change the bye laws. However some bye laws can be changed by the General Body and some requier the approval of the Sub-Registrar. So it will depend upon the bye laws you want to change. But the underlying principle is that the general body can ammend the bye laws anytime.

As per the Maharashtra Apartment Ownership Act, 1970, the sequence of actions are contemplated as

1. Builder/Promoter submits property to the purview of the MAO through the Deed of Declaration
2. Builder/Promoter sells the property (in parts) and has the Agreements registered
3. Builder/Promoter conveys the respective (part) properties & share of common areas to each purchaser through the Deed of Apartment
4. (Sequence not specified) Builder/promoter forms Apartment Owners' Association

Questions

A) What if the Sales precede the Deed of Declaration - does the Builder/Promoter register unilaterally or do all the purchasers join within the scope of 'by the sole owner or all the owners" in registering Deed under the prescribed Form A? Subsequent to the sales, the Builder/Promoter is subject to the adverse dominant rights of the purchasers as encumbrancers. If, however, the purchasers are joining as "all the owners", does it conflict with 'conveyance' through the Deed of Apartments?

B) Will the Deed of Declaration be legally good if it does not attach all the Agreements for Sale?

C) Under the proposed new rules for Deemed Conveyance, what is the suggested process when the Agreements for Sale are subject to both the Maharashtra Ownership Flats Act, 1963 and the Maharashtra Apartment Ownership Act, 1970?

D) As the Deed of Apartments are with individual owners, is it mandatory that a Apartment Owners' Assoc exist prior to the registering of these Deeds?

With regards

S Sen

What is the basic difference between Co-op Hsg Soc Ltd. and Condominium.

How Condominium formed whether it comes under society act

which act is applicable to know law about Condominium & rights of its member

whether conveyance can be made in favour of Condominium if yes how,

Which Act I need to refer to know more about condominium,

If any one has soft copy of this act pls forward it to neeleshpandya@yahoo.co.in

and also of Maharashtra Co-op Hsg Society Act to cross check

Thanks in advance

The following refers specifically to Maharashtra. I did not find any soft copy of MOFA 1963. There is one for MAO 1970 on the net (>5.8MB).

My belief:     All flat/Apt sales by "Builders" in Mah are subject to MOFA 1963 under which a "Coop Soc" has to be formed to take ownership of the land & property & manage it, save in cases when either the number of flats is below 11, OR the "owners" decide to form an "Assoc, partnership", etc. They then have to Declare their intention in a Deed and subject themselves to MAO 1970. The land & property will then be proportionaltely owned, the former remaining indivisible. Conveyance is then to Individual apt owners.

The role of the Assoc under MAO is unclear vis-a-vis the Coop Soc under MOFA. It appears to be merely for convenience. As such, I would like to argue that the formation of an Assoc is not an essential pre-requisite to the registration of the Deeds of Declaration and Apartment under MAO 1970, unlike in under MOFA 1963 where there is defined statutory role for Coop Socs.

However, I have not been able to ascertain the prescribed process for Deemed Conveyance in Mah for properties under the increasingly more popular MOFA+MAO Acts. I have asked the Govt w/o response. If anyone is aware who to contact, will appreciate.

Our Association was Registered as Arunodaya Apartment Owner's Association (Condonimum No. 7).  The bye-laws are not clear about the financial powers given to the Managing Committee Members or Executive Committee Members.  Due to this, mis-using of funds by the Secretary without approval in the General Body Meeting/Special Body Meeting is taking place without any limits.  He is simplye getting the approval of some of the Executive Committee Members and spending.  I would like to know how these things can be curtailed please.

You have to see the contains of Bye-Laws of association of Apartment owners. If you have copy of Bye-laws send it to me. I trust your query will be solved after going through the contains of the Bye-Laws. You may send it at rani.ranistar@gmail.com

The bye laws are not very specific. There are 2 sections you may like to look into:

12. Powers and duties of Association

20. Powers and duties of Board

21. Other duties

sir can you please explain the procedure to form "Apartment owenrs" association. who is the registereing authority and what details and documents to be attached threto?