Challenge to a condominium apartment declared and registered by builder in pune, maharashtra
Bharat Pasi
(Querist) 21 February 2015
This query is : Resolved
Dear Experts,
We have a residential complex in Pune which completion certificate was received in June 2013 and builder started to give possession in next 1-2 months. Since beginning we have been promised by the builder for a co-operative housing society in all the meetings. In first commitment he told us society will be formed by end of October 2014 which he missed and again promised in the meeting held in mid November 2014 that society formation and conveyance deed will be completed by mid of February 2015.
When we, proposed working committee didn't see any progress in December 2014 then sent a legal notice to the builder through lawyer by saying either he form the society in next 10 days or we will initiate the process.
After receiving the notice, in next 10 days builder has declared the condominium apartment and now communicated us he has also completed the registration and calling a AGM for the apartment owners.
Meantime we have collected 70% owners signature on the required forms in support of forming the co-operative housing society.
Now we would like to know what is the procedure to Challenge the condominium apartment declared and registered by builder. Having 70% majority in favor of co-operative housing society does have any value.
Awaiting for your valuable feedback and support.
Thank You
Dr J C Vashista
(Expert) 22 February 2015
It is the owners (in their own interest, which is generally against the builder) and not the builder to get the Residents Welfare Association or Cooperative Housing Society registered under the provisions of Societies Registration Act or Maharashtra Cooperative Societies Act.
Subsequently the builder has to file a (mandatory) declaration before the Registrar.
Consult a local lawyer
Rajendra K Goyal
(Expert) 22 February 2015
Move to court for getting a stay on operation of the builders society and to declare the society formed by the builder as illegal which would be unable to look after the interest of majority of members.
ajay sethi
(Expert) 22 February 2015
once condominium is formed society cannot be registered . even formation of condominium will protect interests of flat owners
Bharat Pasi
(Querist) 22 February 2015
Thanks to you all for your reply.
Does it mean 70% owners majority didn't have any value and builder can form condominium with few owners who might be their relatives or investor friends.
Is there any option available through which condominium can be challenged in the court of law by showing majority are in favor of co-operative housing society.
T. Kalaiselvan, Advocate 
(Expert) 24 February 2015
Based on the majority owners consent to form a society on their own which was disregarded by the builder and has formed his own condominium society without the consent of majority flat owners, suit to declare the said society registered by the builder as invalid may be filed before the cooperative court along with an application to stay all the operations of the said society.
Hemant Agarwal
(Expert) 03 February 2016
CONSIDER THIS:
1. The Flat-Sale /Purchase agreement with the Builder/Developer has provision for "EITHER" a "Society" or a "Association /Condominium" or a "company". Check the agreement. All the Flat-Owners have signed & confirmed and registered this Agreement, which has now become irrevocable and unchallenge'able.
2. The builder has complied with his legal liability under MOFA, and now no adverse legal action is possible on the Builder for registering a Condominium.
3. However, AFTER proper take over the "Association /Condominium", can be de-registered, by following due procedure of law.
4. Consequent to deregistration of "Association /Condominium", a cooperative Society can be formed and registered, according to the wishes of the majority of the Flat-Owners.
Keep Smiling .... Hemant Agarwal
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