Apartment Owners’ Association and the Residents welfare association are one and the same.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void.
Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
- The apartment complex “solely” owns the common spaces (Stilt or Open)
- The members DO NOT own these spaces
- Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members.
- The association cannot sell the parking space to the desirous members.
The process of taking over from the builder first begins with the formation of the society's Resident Welfare Association (RWA), only once this is formed the maintenance work can be handed over by the builder.
Occupancy Certificate: Completion and occupancy certificates is proof that the building is completed as per the approved plan and government compliances. If the builder is unable to provide you with these certificates, then either the building laws are violated or deviated from the original construction plans. Either way, it’s illegal to occupy a building/apartment that does not have an occupancy certificate
• NOC Certificate: A No Objection Certificate (NOC) is issued where there is no objection to the covenants of the certificate. A builder has to compulsory submit an NOC from the fire safety, water, and pollution departments to the RWA (Residents Welfare Association)
Make a note of the below-mentioned documents as well as they are also a mandatory requirement in a handover –
• Original registration documents
• Audited accounts documents
• Tax-related documents
• Property Insurance details
• Conveyance of property
• Handover of the Corpus fund
• Contracts with vendors
• Approved floor plans
• Car parking allocation record
• Clearance to operate Elevators
• Invoices and Warranties (Pumps, Generator, Transformer, Pool and Gym Equipment, Lift, etc.)
• Architectural and Structural Drawings (Electrical wiring, water piping, etc.)
• AMC Documents (Lift, Generator, Transformer, etc.)
• Maintenance schedule for all the assets
• Staff schedule
• List of amenities offered
• List of services offered post the handover.
The list is exhaustive, you may engage the services of a prudent advocate on all such further issues that may crop up later.