MUMBAI, 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, in March 2003, Rachana Developers entered into agreements with 42 flat buyers. On 18 December 2004, the developer and land owners executed a joint declaration under the MAO Act, designating the form of organisation of flat buyers as a condominium. On 18 February 2005, the declaration was registered with the Sub Registrar of Assurances, and in June 2005, flat buyers were informed about formation of the condominium. However, in February 2007, the deputy registrar registered the body as a CHS base don a proposal from a flat buyer. Rachana Developers filed a revision application with the minister of cooperation, questioning registration of the flat owners' body as a CHS. But the application was dismissed on August 28, 2018. Subsequently, Rachana Developers approached the high court. Justice Borkar rejected the plea after noticing that the declaration regarding formation of a condominium was signed by only seven out of 42 flat buyers. "Such a declaration cannot represent the collective will of persons who have taken or are to take flats in the building," the judge said....