Delaying in formation of Society
7 months ago
If developer delay in formation of Society or Association in a Residential Complex consists of 17 towers, inspite of apartment owners association has been formed, what steps can be taken by the flat owners?
A.Dear Client,
The Developer/builder is bound to submit a declaration to the Registrar of Cooperative Societies or the relevant competent authority under (State) Apartment Ownership Act and hand over the building/premises as soon as the occupancy certificate is issued by the civic authority and the flat owners occupied the flats for the formation of Society/Association for its maintenance. The Real Estate (Regulation and Development) Act, 2016 has now brought accountability and responsibility for the Builders which in pre-RERA time was not in existence at all. In the RERA Act, 2016 there are certain duties and obligations have been cast upon the Developers/Builders which they have to comply with. Amongst all the prescribed responsibilities, the formation of the apartment owner’s association is also the onus of the Developer/Builder. As per the provisions of the RERA, the formation of the Association, Society or Co-operative Society shall be enabled by the Developer/Builder as per the applicable laws and a Developer/builder is liable to pay all the outgoings until the transfer of the physical possession of the property to the association of the allottee’s and if there are no local laws, the Developer/Builder has to form an association within the period of three months after the majority of the home-buyers have shifted to the project or housing complex. However, the consent of the Developer/Builder is not mandatory but it is the sole responsibility of the Developer or Builder to facilitate the formation of the association and the election of the association should be lawful and transparent. So, the flat owners can escalate a grievance jointly and collectively against the Developer/Builder for deficiency and delaying tactics to complete the formalities required for the formation of a Society/Association before the Registrar or Dy. Registrar of Cooperative Societies or the competent authority under the State Apartment Ownership Act whichever is applicable in the matter for the formation of a Society/Association.
The Developer/builder is bound to submit a declaration to the Registrar of Cooperative Societies or the relevant competent authority under (State) Apartment Ownership Act and hand over the building/premises as soon as the occupancy certificate is issued by the civic authority and the flat owners occupied the flats for the formation of Society/Association for its maintenance. The Real Estate (Regulation and Development) Act, 2016 has now brought accountability and responsibility for the Builders which in pre-RERA time was not in existence at all. In the RERA Act, 2016 there are certain duties and obligations have been cast upon the Developers/Builders which they have to comply with. Amongst all the prescribed responsibilities, the formation of the apartment owner’s association is also the onus of the Developer/Builder. As per the provisions of the RERA, the formation of the Association, Society or Co-operative Society shall be enabled by the Developer/Builder as per the applicable laws and a Developer/builder is liable to pay all the outgoings until the transfer of the physical possession of the property to the association of the allottee’s and if there are no local laws, the Developer/Builder has to form an association within the period of three months after the majority of the home-buyers have shifted to the project or housing complex. However, the consent of the Developer/Builder is not mandatory but it is the sole responsibility of the Developer or Builder to facilitate the formation of the association and the election of the association should be lawful and transparent. So, the flat owners can escalate a grievance jointly and collectively against the Developer/Builder for deficiency and delaying tactics to complete the formalities required for the formation of a Society/Association before the Registrar or Dy. Registrar of Cooperative Societies or the competent authority under the State Apartment Ownership Act whichever is applicable in the matter for the formation of a Society/Association.
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A.Dear Client,
You are correct; filing a formal complaint with the relevant authorities is often an effective way to address issues related to the delay in forming a society or association in a residential complex. Government agencies and housing regulatory bodies can play a crucial role in ensuring that developers adhere to their obligations and timelines.
When filing such a complaint, be sure to provide all necessary documentation and details to support your case. This may include copies of your property agreement, correspondence with the developer, and any evidence of the delay in forming the society or association.
It's advisable to follow up with the authorities to track the progress of your complaint and ensure that it is being actively addressed. Engaging with other affected flat owners and forming a unified front can also enhance the impact of your complaint
You are correct; filing a formal complaint with the relevant authorities is often an effective way to address issues related to the delay in forming a society or association in a residential complex. Government agencies and housing regulatory bodies can play a crucial role in ensuring that developers adhere to their obligations and timelines.
When filing such a complaint, be sure to provide all necessary documentation and details to support your case. This may include copies of your property agreement, correspondence with the developer, and any evidence of the delay in forming the society or association.
It's advisable to follow up with the authorities to track the progress of your complaint and ensure that it is being actively addressed. Engaging with other affected flat owners and forming a unified front can also enhance the impact of your complaint
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A.Dear Sir,
You have lodge complaint concerned government authority who are looking after registration of such associations and in charge of conducting elections.
You have lodge complaint concerned government authority who are looking after registration of such associations and in charge of conducting elections.
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