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pashyanti (legal manager)     01 December 2010

Deed of declaration

Hello everybody. 

I have some question in my mind regarding the provisions of MOFA Act & MAOA Act.Pls. help me to solve this.

Our company is a construction company and develops and introduced a group housing scheme first time in our city. The project contains around 96 bungalows, 400 apts., and 80 built to suit plots.

I have prepared a drafts of an agreement to sale of a Plot, bungalow and apts.

My question is regarding the apts. builder does not want to establish a society or association for maintenance but has formed and introduced his one of the property management company for the up keeping of the Scheme.

Now, the Maharashtra Apt. Ownership Act (MOFA) doesn't apply to our city.

Hence, I prepared a draft according to the provisions of Maharashtra Apt. Ownership Act (MAOA).

My question is:

1. If we decide to go under MOFA act, can we do so? waht are the advantegs and disadvantages under the Act? Shall we formed and introduced our own property management company for the up keeping of the project?Is it compulsory under the act to form a society for maintenance?

2.If we decide to go under MAOA act, what are the advantages and disadvantages under the act? Can we formed our property management company?is it compulsory under the act to form a society for maintenance? 

3.What precautions shpuld we take at the time of the drafting of an agreement to sale under both (MOFA & MAOA Act?) Could someone pls. send me the model draft for the same?

4. What precuations should we take while drafting of Deed of Declaration? Could some one pls. send me a draft of the same?

5. The builder wants o develop a club house also in the said scheme as a provate pro[perty of the builder. Can he do so?

6. Pls. help me sort out the matter as our company is the first companyto introduce the concept of Group Housing.i could not understand the system of execution of the documents proeprly.

Thanks in advance.

Regards

Pashyanti 



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