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Formation of housing society/ apartment owners' association

This query is : Resolved 
 

Online (Querist)
25 September 2020

Formation of Housing society / Apartment owners’ association.
Ours is a residential building situated in Thane district of Maharashtra. There are 7 flats out of which owners of 3 flats have registered agreements for flat purchase. I want to know, whether these 3 flat owners can form Co-op. Hsg. Soc./ Apartment owners’ association ?


kavksatyanarayanaOnline (Expert)
25 September 2020

For formating a Welfare Association of your apartment, it requires at least seven executive members under the Societies Registration Act. For the formation of House Building Society, it requires at least twenty members under the Cooperation Housing Society (Coop. Societies Act).

Dr J C VashistaOnline (Expert)
26 September 2020

What do you intend to form i.e., whether a cooperative housing society, owners association, RWA or any other association, be clear in your mind and consult a local prudent lawyer for professional services.

Rajendra K Goyal Online (Expert)
26 September 2020

Person having agreement to sale are not actual owners.

Please reply the information sought by the expert Dr. J.C. Vashishta ji.

Rajendra K Goyal Online (Expert)
26 September 2020

Person having agreement to sale are not actual owners.

Please reply the information sought by the expert Dr. J.C. Vashishta ji.

ganeshiOnline (Querist)
26 September 2020

Out of total 7 flats, 3 flat owners have paid full price of the flats, they are having registered agreements entered into between builder and flat owner.
Now these 3 flat owners want to create a statutory entity though which they can undertake some legal actions like non payment of monthly maintenance by unregistered flat owners, asking builder to hand over open space to society /association etc.
Basically these 3 flat owners want to create some legal platform through which they can represent their grievances to appropriate Govt authority.

P. Venu Online (Expert)
26 September 2020

The facts posted are less than convincing. A Housing complex having only 7 flats is inconceivable unless of course each flat occupies the entire floor.

Isaac GabrielOnline (Expert)
26 September 2020

Yourself form an Association with minimum program wirh regard to water,cess,maintenance,security etc., in a dividind system.

Rajendra K Goyal Online (Expert)
29 September 2020

Grievance can be taken to government department or court in individual capacity also, association is not mandatory.



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