We have 04 buildings in one plot made by same builders -2011 hand over. Builder has done sale deed with each owner and its declared as Apartments with separate A,B,C,D names, next to common building name.
Currently each building as separate entity had own chairman and secretary and own funds. As buildings are not old people are not bothered about future maintenance requirements like repairing parking in common areas.
We are from Nasik – Maharashtra and here trend is nobody want to make housing society from builder side. People are not aware about making housing society. So there is no any legal back up also for apartments to take any actions for non maintenance payment or problematic owners/tenants.
Is it mandatory to make soc. by builders? If yes how we can go ahead now after 5 yrs . If we approach builder now through some legal help to form society , whether he has to do it ? or we have to struggle to get it done on our own.
I C Naik
You state “its declared as Apartments with separate A,B,C,D names, next to common building name.”
If this is true prima fascia the Builder has performed its obligation U/S 10 of MOFA 1963.
What is provided under its sub-section 2 (as reproduced below) is applicable to your Group of Apartments namely:
“ (2) If any property consisting of building or buildings is constructed or to be constructed and the promoter submits such property to the provisions of the Maharashtra Apartment Ownership Act, 1970, by executing and registering a Declaration as provided by that Act then the promoter shall inform the Registrar as defined in the Maharashtra Co operative Societies Act, 1960, accordingly; and in such cases, it shall not be lawful to form any cooperative society or company.”
As for management of “Organization of Apartment owners” the Rules form part of Declaration referred to in sub-section 2 above. One Original set thereof is suppled to every Apartment owner. So have a look at it.
Apartment System has least legal hassles under the Maharashtra Apartment Ownership Act, 1970 but the flip side is Owners must behave far more responsibly as OWNERS. The Property of housing society is owned by the statutory body the Cooperative Housing Society and is a collective ownership of all members in respect of entire property (including flats purchased by members: they have rights of occupancy, transfer, sb-letting etc., in terms of discipline of bye-laws as also the MCS Act 1960 and the MCR 1961). Apartment owners have a predefined share in the indivisible common property of the building and flats purchased by members belong to them as de-jure owners. The Indivisible share of building is managed by the management committee of the Organization of Apartment Owners (OAO). Apartment type body is suited to relatively small number of like-minded close-nit families or businesses, who stay put there from generation to generation and understand the implications of badly managing the indivisible area.
If there are a few sincere members in all the buildings what you can try is to register a Cooperative housing society with an object to manage buildings all the OAS registering each member as member of housing society and go by cooperative discipline. OAOs will ofcourse be dissolved. You need to go through a cooperative lawyer.