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Formation of apartment owners association


04-Sep-2023 (In Landlord/Tenant Law)
I live in a building of 6 flats. We all the flat owners are willing to form an Apartment owners association. But, one of the flat owner has never occupied his flat since the builder handed-over the flats and none of his representative has ever appeared to claim the flat. Can we 5 out of 6 owners go ahead and form the association and if yes what documents will be needed? Your advice will be a great help to us.
Answers (4)

Answer #1
514 votes
for formation an Association of Apartment, first of all you need Deed of Declaration which is executed by the promoter and the land owner. Thereafter individual conveyance in form of Deed of Apartment may be executed by the promoter and the land owner/s in favour of the flat/unit purchasers. For formation of Condominium you need minimum 5 flats in the building.

Answer #2
672 votes
This is my response to you:
1. You must know the law and then take steps forward;
2. You can send a notice to the other owner and ask him to be part of it;
3. The association can be formed under the Maharashtra Apartment Ownership Act, (MAO) 1970;
4. It is mandatory that 7 or more members who are above 18 years are required to form an association;
5. Consult a local lawyer to understand your rights etc.
Answer #3
715 votes
I live in a building of 6 flats. We all the flat owners are willing to form an Apartment owners association. But, one of the flat owner has never occupied his flat since the builder handed-over the flats and none of his representative has ever appeared to claim the flat. Can we 5 out of 6 owners go ahead and form the association and if yes what documents will be needed? Your advice will be a great help to us.

Hello ref to your query you have to visit us personally with all documents between you and builder and we can you perfect advice on this.

Thanks
Answer #4
505 votes
1. NOC of Such person who is not appeared in formation of apartment association.

2. Deed Of Apartment .

3. Deed Of Flat Building .

4. All the proof of identity such as Aadhar Card , PAN card etc.

5. Deed Of Conveyance .

6. You can apply 5 member & the 6th who is not appeared you treat as a Non-applicant / Non- Joinder as a party after getting NOC of such person .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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