Query from Dinanath Zade

We have 27 residential units and promotor have formed Apartment owners association in June 2015. It is not registered. The Vidarbha Premier CHS is promotor and they say that your association is under them and there is no need for separate registration.

Now we have thought of forming cooperative society with registration under the registrar of cooperative society. Is it possible? If yes what is procedure. Please guide us.

 I C Naik

Formation of Apartment owners’ Association and its conduct is covered by THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970.

How did you think of forming co-operative housing society from an existing organization of 27 residential units comprised in the unregistered Apartment Association purported to be owned by “The Vidarbha Premier CO-OPERATIVE HOUSING SOCIETY”

 In order to be clear about what exactly is the governing process of Apartment Association and what is the members’ role, it is suggested that the concerned legislative enactment as afore said be gone through carefully.

Over view of The Maharashtra Apartment Ownership Act, 1970

 Application

An Act to provide for the ownership of an individual apartment in a building and to make such apartment heritable and transferable property.

This Act applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this by duly executing and registering a Declaration as hereinafter provided:

Provided that, no property shall be submitted to the provisions of this Act, unless it is used or proposed to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business or for any other type of independent use.

Ownership of apartments

Each apartment owner shall be entitled to the exclusive ownership and of possession of his apartment in accordance with the Declaration, executed and registered as required by section 2 of this Act.

Common areas and facilities

Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration

Certain work prohibited

No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament nor may any apartment owner add any material structure or excavate any additional basement or cellar without in every such case the unanimous consent of all the other apartment owners being first obtained.

Bye-laws, their contents

The administration of every property shall be governed by bye-laws, a true copy of which shall be annexed to the Declaration. No modification of or amendment to the bye-laws shall be valid, unless set forth in an amendment to the Declaration, and such amendment is duly recorded, and a copy thereof is duly filed with the competent authority.

Read much more here:

https://housing.maharashtra.gov.in/Sitemap/housing/pdf/actsrules/Maharashtra%20Apartment%20Ownership%20Act%201970.pdf

http://maharashtrahousingandbuildinglaws.com/maharashtra-apartment-ownership-rules-1972/

After understanding the above please confirm that 27 owners are still thinking of registering a co-operative housing society in place of Apartment Association.

If you can mail a soft copy of the bye laws of your Association it will help me in giving a more appropriate response.

 

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