Builder has sold out majority of the flats by October, 2017. There are three buildings in the same complex of the same builder however everything is separate or divisible or independent except common amenities place. Builder not resolving issues/grievances or taking initiative for forming a society even when informed him in writing. Residents of one building wanted an independent society to be formed. Residents/Flat holders of other two buildings not coming forward. What would be the next course of action left with the residents of the building willing to form a society?.
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If 2 other building Flat holders Not coming forward you can form separate society for your building.
To form an apartment association the following steps have to be taken:
1) You have to elect the members of the board of association
2) You have to conduct a general body meeting to ratify the bye-laws of the association
3) You have to approach the Registrar of Co-operative Societies with the bye-laws, Deed of Declaration (Form-A) and the consent of the other owners to register the association.
Sir if common area is same then one society is only to be fored as builder shall hand over the complete common areas to society under single deed and since the people coming forcward with the help of builder can take intiative or can builder a notice to form a society and hand over same if builder fails the residents can apply to registrar for formation of soicety,
File a Complaint before registrar and if not resolved you can file writ petition too
1) issue legal notice to builder to form society as majority of flats have been sold by him
2) under provisions of Maharashtra ownership of flats act it is mandatory for builder to form housing society of flats sold by him
3) Rule 8 : Period for submission of application for registration of co-operative society orcompany of Flat purchasers Where a co-operative society or a company of persons taking the flats is to be constituted, the promoter shall submit an application to the Registrar for registration of the co-operative society or the company as the case may be, within four months from the date on which the minimum number of persons required to form such organisation have taken flats
4) complaint to deputy registrar cooperative housing society against builder failure
5) you can also file complaint against builder for deficiency in service before consumer forum seek orders to direct builder to form society and execute conveyance deed in favour of flat owners
1) Call the meeting of all the members and form the proposed society for time being and than registered it later after taking qurom and informing the registrar or sub-registrar of your local area.
This is my response to you:
There is a possibility that you can register one or more societies for the maintenance of the complex but in any case as the services are common in nature all societies have to enter into Memorandum of understanding for the allocation and absorption of expenses.
You have to approach the registrar of the societies in this regard and register your society is by fulfilling the requirement of registration and later on enter into m o u to operate the services in the society as per the Apartment Act
