How many apartment owners are required to execute a Deed of Apartments? Builder has claimed execution of DoA by taking signatures of 5 apartment owners out of 142, and claims that's enough to nullify the society's application to be a registered Cooperative Housing Society. Is there a minimum percentage of owners who need to sign for a DoA? Is there a case precedent?
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Once deed of apartment has been executed by builder then registrar would not register your cooperative housing society
2) you have to take legal proceedings to direct registrar to register housing society as majority of members want society to be formed
3) call meeting of flat owners pass resolution signed by members attending g meeting that they wa t society to be formed and then take legal action against the builder
For formation of a society, the minimum no. of members required is 7. In your case, 5 is below this minimum requirement.
Is there a Bombay HC or SC judgement allowing for Society to be formed in Maharashtra after the Deed of Declaration under Maharashtra Owner of Apartment act? In 2004, the complex got occupation certificate. In 2006 builder agreed to form a society. In 2007, he wrote asking for consent to form a condominium, which an overwhelming majority of members rejected. In 2008, he executed Deed of Declaration surreptitiously. In 2009, Dy. Registrar heard us and allowed us to form a society basis the 2006 letter of intent from builder, and the 2008 rejection by vast majority of members to builder's suggestion to form condominium. Jt. Registrar and Minister of Cooperatives overturned the Dy. Registrar's approval in 2012, saying Deed of Declaration was already filed (with 1 or 2 members signing relevant forms, not even 5). 2014 Bombay HC in interim order gave a stay in our favour saying we would operate as a society pending final outcome. 1. Is there a minimum number of owners or a minimum percentage needed to approve Deed of Apartments? 2. What if most declared intent to reject DOA and wanted to form a society? The rejection by vast majority is on record as being sent to builder before he applied for Deed of Declaration. 3. Is there a case precedence in favor of society formation?
Majority of members should agreed for deed of apartment
2) if majority of members rejected formation of condonium then HC should decide in your favour
Deed of an Apartment has everything regarding the building like how much area of Land on which apartment has been constructed,
It defines common area,
It defines Common Water Supply,
It defines common passage of Building,
It also defines the common rights on the land ownership of every apartment owner., Therefore it is required to be registered before the concerned registrar's office.
However the builder has to get it registered and hand it over to the association and not to any individual.
The Deed of Declaration (DoD) is a document that describes the property, i.e., the building, all of its apartments, the common facilities such as lifts, generators, fire fighting equipment, pool, gym etc., along with the ownership scheme giving the percentage share of each apartment.
It an be registered even before formation of the association and handed over to the association once the same is formed
1. There is no such provisions or by laws stipulating the minimum number of members to sign the same for filing the deed of declaration.
2. Since the matter is before court, you may follow up the case through court and fight to get the desired result.
3. You can be in touch with your advocate about this.
10 members are required for mofa.
It depends on many factors. It's a generalised question
Yes
