India, Dec. 19 -- Developers cannot unilaterally declare their intention to form a condominium of flat buyers under the Maharashtra Apartment Owners (MAO) Act based on the consent of selective flat owners, the Bombay High Court observed on Tuesday while upholding registration of the Dayal Smruti Cooperative Housing Society (CHS) in Kandivali West, which was earlier registered by the developer as a condominium.

The single judge bench of justice Amit Borkar was hearing a petition filed by Rachana Developers, the partnership firm that had constructed the Dayal Smruti CHS building, located on Shantilal Mody Road.

According to the petition, construction of the building began in 2000 and in March 2003, Rachana Developers entered into agreemen...