Jadhav & Co. Advocates & Legal Consultants™
All Practice Areas

Practice Area

Formation of Trusts, Apartments & Societies

Setting up co-operative, condominium and trust structures.

The formation and management of collective entities like Trusts, Apartment Associations, and Societies require strict adherence to statutory formalities. Under the Societies Registration Act, we assist in the drafting of Memorandum of Association and Bye Laws that govern the internal functioning of educational, cultural, and charitable organizations. We ensure that the governance structure is transparent and compliant with the latest regulatory requirements for registration and annual filings.

For the real estate sector, the formation of Apartment Owners Associations (AOA) or Cooperative Housing Societies (CHS) is a critical step after the completion of a project. We guide residents through the process of taking over the management from the developer, ensuring that the conveyance of the land and building is executed in favor of the society. This involves navigating RERA regulations and local laws like the Maharashtra Ownership Flats Act (MOFA) to protect the rights of the homeowners against builder defaults.

Managing these entities often leads to disputes regarding maintenance dues, election of committee members, and the use of common areas. We provide legal counsel to managing committees on how to handle these internal conflicts while remaining within the bounds of their Bye Laws. Our goal is to foster stable and legally compliant communities where the collective interests of the members are protected through professional legal management.

Common Questions

Formation of Trusts, Apartments & Societies - Frequently Asked Questions

We draft the Memorandum and Bye-Laws and handle registration under the Societies Registration Act / Trusts Act, ensuring transparent governance and compliance with annual filing requirements.

We guide residents in forming the Cooperative Housing Society or Apartment Owners Association and securing conveyance of the land and building, navigating RERA and MOFA to protect against builder defaults.

We advise managing committees on maintenance dues, elections and use of common areas within the Bye-Laws, and represent members where internal disputes escalate.

Need counsel on formation of trusts, apartments & societies?

Schedule a confidential consultation with our advocates. We respond within one business day.