Can a building with 7 flats form a society?

Q: I have a query. Can a building with 7 flats form a society? Or is it mandatory for 7 flat building to form an apartment? My builder has a flat in the building and he has not formed society or apartment in 10 yrs. He has a letter head with name Sarang Apartment but he has not given us any proof that apartment is registered and he charges us any money without giving details of the expenditure.

Ajay,

15th November 2017

Buying property in Civil Lines, Nagpur

apartment owners association

builder not forming apartment owners association

how to form apartment owner association?

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Replies (3)

I am also stucked in similar situation.. have you got your problem solved? and if yes, have you got done conveyance deed ??

Bhushan Salunke,

13th March 2021

Comment

You have rights to ask the details of the expenditure. If your builder is not giving the details of expenditure, stop paying maintenance charge and call for a society meeting and keep your issues in front of the builder. Ask to form a new secretary for the Apartment Owners Association and ask for the voting system.

Praveen Modi, Mumbai

17th November 2017

Comment

Praeen thanks. I agree with your advise, The building is in Nagpur and all owners are 1st time buyers so they are not aware and probably scared to ask question because they don't know this is a regular scam where builders deliberately do not form society and flat owners are losers if they do not fight for their right. This is !5 yrs old building and they have zero saving as builder himself is a resident and secretary , there are no meetings and he does not have any other office bearers and spend money at his will without giving any account. Thanks

Ajay,

17th November 2017

Yes, a building with 7 flats can ger register under Apartment Owners Association. You can verify whether your society is registered under Apartment Owners Association or not visiting the Registrar of Society Office.
The National Consumer Disputes Redressal Commission (NCDRC) has made clear that only registered residents welfare associations (RWAs), consumer organizations, cooperative societies or association of flat or plot buyers can file complaints against builders in the commission.

Shantanu Kumar, Mumbai

17th November 2017

Comment

Thank you for guiding me I will find out of builder has registered the apartment or is he fooling the residents by using a letter head with Apartment name. My question is can 7 flat owners form society instead of apartment? If they form apartment builder gets benefit of any increase in FSI in future while in case of society all members benefit from increased FSI.

Ajay,

17th November 2017