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Gireedhar Muradnar   19 June 2020

Maharashtra Apartment Ownership Act 1970

How can we remove the property from Apartment Ownership Act and then form a co-operative housing society. Any amendment done in this law recently ? Please guide.


Quick Summary
This discussion addresses the process of moving from the Maharashtra Apartment Ownership Act 1970 to forming a Co-operative Housing Society. The original poster and approximately 350 flat owners wish to transition from a condominium structure to a housing society, believing it offers better maintenance and operational benefits. While both acts have separate jurisdictions, advice is sought on the practical steps for this transition, especially given the builder's initial promise to form a housing society before registering a Deed of Declaration and Deeds of Apartment.

 3 Replies

P. Venu (Advocate)     20 June 2020

The issue involves substantial interest of large number of persons and hence require professional consultation.

Dr J C Vashista (Advocate)     20 June 2020

Apartment Ownership Act and Cooperative Societies Act are two different acts, which have separate jurisdiction and applicability.

What is the type of association/ Society and why do you intend to move out ? Vague and misconceived query.

It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and proceeding if necessary.

Gireedhar Muradnar   20 June 2020

@Dr Vashista / Mr. P Venu.. Builder had committed us that he will form housing society. Later on unilaterally he registered Deed of Declaration and after misguiding few members he registered their Deed of Apartment, means he formed apartment of condominium. our 90% flat owners (Around 350 flat owners) are fighting to form Housing Society and not apartment of condominium. Both the laws are different but housing society is beneficial for flat owners and this is easy to handle maintenance and operations. Please suggest how we could go to form housing society.

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