• Formalities to form a resident welfare association?

We are having 64 flats apartment, yet to be handed over from builder to residents(Amenities are pending like Swimming pool, Party hall and GYM). Its been two year since no further development from builder, so we have decided to form a association. Is it good to proceed with association forming without amenities completed?

Whats is the procedure, property comes under Gram Panchayat
Asked 7 years ago in Property Law
Religion: Hindu

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12 Answers

See it would be better if builder complete all the amenities forms an association and then hand over the associstion to members. 

Alternatively you all can come together register a association with registrar of societies and then accordingly all members can choose working committee.

An application with MOU bye laws has to be filed with registrar of societies.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

has OC  or building completion certificate  been issued? 

 

2) have all flats been sold 

 

3) call upon builder to register cooperative housing society 

 

4) if he refuses to do so file complaint against builder before consumer forum to direct builder to register housing society and to execute conveyance in favour of society 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

yes you can form a association.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) You can form proposed association instead of register association and just maintain for society member maintenance and water service purpose.

 

2) Kindly follow up with Builder for completion of all pending work.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

This matter will resolve by complaining to RERA. How can the association will form till no actual possession delivered ?

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1)  if CC has been issued then you can form Society. 

2) a builder must form a society within four months of selling 60% of the flats.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. The formation of association does not depend on the completion of common facilities and services.

2. So the flats owners in spite of non delivery f common facilities can nevertheless form the association and take up the job of maintaining the building complex.

3. However this does not relinquish the liability of developer to complex the unfinished work in default of which he can br brought to consumer forum.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi,

Yes you can form an association without amenities in place. 

In Karnataka there are two ways of getting the Association formed one is under Karnataka Society Registration Act, which is a simple procedure: 

                (i) Call for a meeting of all the flat owners by sending 21 days Notice.

                (ii) 2/3 majority of voting and select the committee members.

                (iii) Need a list of minimum 7 committee members.

                (iv) One each passport size photo of Committee members

                (v) Any Bangalore Residential Address proof or a copy of Sale deed of committee members.

 

Submit the Documents with the jurisdictional Registrar of Societies.

 

the Second way is to get the society formed under the Karnataka Apartment Ownership Act, which is a lengthy procedure, but every effective as it protects the rights of the Apartment Owners and their undivided share in the property. Once the Apartment amenities are completed you can asked the Builder to register the Society under this Act.

Meanwhile, you can even a form a Adhoc Committee for the maintenance of the Society, till the entire Project is complete.

 

Archana Shukla
Advocate, Bangalore
26 Answers
1 Consultation

1. A Minimum 10 members are required to register a Association, without any reference to the Builder or to the unfinished project.

2. AFTER registering the Association, the association can file a Consumer Court grievance petition against the builder for damages & compensation and to finish the unfinished project.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need not wait for the builder to handover the apartments to form a R W  association.

Once an association is formed you will be a legal entity which will enable you to demand all that which are incomplete from the builder and can even drag him to the consumer court for delay in completion of the incomplete amenities.

 

The Association is formed by 7 or more owners group in the Apartment Complex approaching the Registrar of Societies together and make an application that:

  1. Says that they desire to form themselves in to a society under Karnataka Societies Registration Act 1960.
  2. Encloses a memorandum with following details: desired name of the Association, aims and objectives of the association, and who in the association will be authorized to correspond with the Registrar of Societies (typically the President of the Association).
  3. Encloses the Bye-laws (rules and regulations) of the Association.
  4. Encloses the prescribed fee.

All applicants sign on the application, along with a witness’ signature and Voila! an Association is born.

Note: The Association can also be formed under The Karnataka Apartment Owners Association Act – 1972. Documents to be produced include the certified building plan of the building as-built and proof of the property being registered under the Registraton Act  – 1908.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Dear Sir,

A RWO is registered as a society under the Societies Registration Act. Every society must have its own rules and bylaws, muster rolls and elections. You need a minimum of seven members. The society is to be registered with the Registrar of Societies. You should however have a professional draft your rules and scrutinize your papers to make the registration and functioning of the society a smooth process.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Call for flat owners meeting and select Adhoc committee as a first step of forming association. fix up some firm, who does registration process. Handover req documents to them and get it registered as Association. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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