Bharat Pasi
I am from Pune living in a complex having 326 flats, 2 banglows and 5 shops. This complex has received completion certificate in June 2013. In 2014, builder has given couple of times commitment to form a Co operative housing society but when there was no move from his side, we proposed working committee send him legal notice through lawyer on 24th Dec 2014.
After that in opposite to his commitments builder has registered condominium and sent notice to all owners for signing the apartment deed. On the other side we working committee were collecting the signature of 60% owners for Co operative housing society formation.
Last month we have collected around 70% signature of owners and applied in DDR office and received hearing date of this month. We don’t have information on whether any owner has registered apartment deed or not.
Please suggest what we have to do to make our case stronger. We don’t want 70% majority supporting to Co operative housing society formation gets defeated because of 5 person rule required for condominium.
I C Naik
As per Section 2, the Maharashtra Apartment Ownership Act, 1970 applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and registering Declaration as hereinafter provided
As such 70% members wanting to go for Society will not allow the property to go under Apartment Act. There is no reason for 70% to worry.