• Flat owners' association

Is there any difference between flat owners association & residents welfare association? can welfare association sell rights of parking space?

when the association is being registered, does the builder give any written consent regarding transfer of ownership of the property from him to the association at the registrar or is the transfer of ownership implied automatically without any written document?
Asked 7 days ago in Property Law
Religion: Hindu

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7 Answers

RWAs are registered under the Societies Registration Act, 1860.

 

2) The RWA decides the amount of subscription for every resident. Although all residents are eligible  for a membership, the RWA can refuse such membership after communicating the reason for the same. The RWA can also terminate the membership of any resident owing to his/her death, failure to pay subscription charges, if they work against the principles of the society, if the society members demand termination on a valid ground or even if the resident does not attend any meeting 

 

3) According to Real Estate (Regulation and Development) Act, 2016, a residents welfare association (RWA) must be established in a housing society, within three months from the time that a majority of the houses there have been sold .If a developer does not take steps to form an RWA for such a society, the legal owners can themselves form such a body.

 

4) it can sell parking slots if there is provisions in bye laws adopted by association 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

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)

 

Additional Documents:

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.

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Dear Sir

Flat owners association is formed to work towards the welfare of all the flat owners in an apartment building, whereas residents welfare associations do the same for members of a residential colony.

Neither of these associations have statutory powers, so they do not have the right to sell the parking space belonging to any individual member.

When the flat owners association is registered, the builder should hand over documents like completion certificate, NOC from local authorities, Building plans, Floor plans etc.

Thank you

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

1. It is to be ascertained as to for what purpose the said two associations have been formed by the same flat owners which is normally very uncommon.

 

2. The ownership of the flat is transferred to the buyers by the developer as per the agreement and the buyers form such association and get it registered.

Krishna Kishore Ganguly
Advocate, Kolkata
25841 Answers
726 Consultations

5.0 on 5.0

- No there is no difference between the flat owners association & RWA , actually its are the two sides of a coin.

- Further , the apartment owners cannot form an Association without the consent of minimum 60% of owners, and apply to sub-registrar for registration of owners association.

- Further, RWA is a voluntary organization set up from among the elected members of a housing society and is re-elected every year, or after a set period decided by the general body of the RWA through a voice vote.

- Further, since RWA is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.

- As per Supreme Court judgment , an RWA or even builder cannot sell the parking space .

- When the RWA forms , then builder is bond to handover all the details of flat owners with the other documents.

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

it makes no distinction between the nomenclature as Flat owners association or residents welfare association. ultimately association would be able to operate for the purpose of maintenance and welfare of the residents in accordance with the prescriptions contained in its respective bylaws

any association would not be in a position to acquire any rights over the parking spaces unless the rights are conferred on the association through the owners because parking space would be a common area which would be for the benefit of all the owners and earmarking of the parking space would be as per the initial allotment during purchase and any available common parking spaces available would be utilized in accordance with the consensus of the owners.

Sricharan Telaprolu
Advocate, Hyderabad
111 Answers
24 Consultations

4.9 on 5.0

1. No it can't

2. Yes he has to give a written consent. 

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

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