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Brindha (Legal - Manager)     22 June 2009

Apartment owners Association


I've purchased a new flat where we all the owners have paid the maintenance for one year to the builder. We are facing problems from the builder with our common area maintanance and now discussing to form our ownership association. Legally, when should the owners form an Association? Do we need to wait till the builder registers all the flats to the owners, or till the maintenance period with our builder gets over?






 19 Replies

adv. rajeev ( rajoo ) (practicing advocate)     22 June 2009

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

Vitthal (IT Consultant)     22 June 2009

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.

Adv. Lalit K. Jhunjhunwala (Lawyer)     22 June 2009

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.


adv. rajeev ( rajoo ) (practicing advocate)     23 June 2009

Yes u have to register the society.

Brindha (Legal - Manager)     23 June 2009

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?


Adv. Lalit K. Jhunjhunwala (Lawyer)     23 June 2009

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.

S Sen (PC)     11 March 2010

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


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

Nilesh (Advocate & Student CS)     03 April 2010

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

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

Thanks in advance

S Sen (PC)     04 April 2010

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.

Ramana Murthy N V (System Analyst)     25 January 2011

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.

Rani mangal (Secretary)     03 August 2011

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

S Sen (PC)     03 August 2011

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

Ramana Murthy N V (System Analyst)     04 August 2011

Thank you very much for your reply.   As it is given in your reply, I had gone through the same.  I am providing the same for your perusal and further guidance please.
12-Powers and duties of Association: It is given that "Except as otherwise provided, resolutions of the Association shall require approval by a majority of owners".  However, our respected former Member who is also a Chartered Accountant had interpreted the sentence "Except as otherwise provided" in such a vary that if the bye-laws not provides the limitation of the financial powers, the Committee is having full powers as far as funds utilisation, which I had objected saying that "unless the Bye-laws speaks very clearly the limitations in funds utilisation, otherwise, the Committee must seek the approval in the General Body meeting.  Can you please clarify whose version is corretct?  Kindly note that till date the Bye-laws are not changed in writing from the date of formation in the year 1987 (though it is very old) by registering with the Registrar.
20-Powers & Duties of Board:  It says that "The Board of Managers shall have the powers and duties necessary for the administration of the affairs of the Association, and may do all such acts and things as are not by law or by these bye-laws directed to be exercised and done by the owners".  These wordings very clearly says that what the bye-laws says needs to be followed for the administration of the Association.  Is it correct?
21-Other duties:  It says the maintenance of Condominium registered should be as per the bye-laws as far as the general duties are concerned.
Since so many financial irregularies are taken place in our Association (i.e., though it is existing from 1897, the former Secretary has withdrawn more than 20 lakhs available in the Bank in the form of FDs/RDs and Sinking fund) without the approval of the General Body meeting, I had taken up the matter by sending written complaing to the Registrar also requesting him to appoint an government auditor to bring the facts out with more than 15 owners signatures.  However, no action has been taken on our representation by the Registrar.
Will you please how to go about it in future?
Thank you once again.

ADV. NILESH (----------------)     01 January 2012

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?

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