Most Important : constitution of condominium Association as required the provisions of the Haryana Apartment Ownership A

[ajaynarula]

constitution of condominium Association as required the provisions of the Haryana Apartment Ownership Act, 1983 and Rules framed thereunder.

An important order issued by DG Town and country planning - Haryana vide Memo No. PF-40B/ JE (BR)/ 2012/20310-311 Dated: 10/10/2012

Instructions regrding constitutionof condominium Association as required the provisions of the Haryana Apartment Ownership Act, 1983 and Rules framed thereunder.pdf

Now No builder can stop us and to form association and can pressurize to pay hefty Maintenance Charges


Regards


Ajay Narula

[s1joshi]

Thats a great news... Thanks Ajay for sharing

We wont be required to tolerate builder tantrums post possession, (once association is formed)

The matter has been considered and I have been directed to inform that henceforth the Colonizer, as defined in Haryana Development and Regulation of Urban Areas Act, 1975, shall transfer the Administration of the Condominium to the Association immediately after the grant of Part Occupation Certificate/ Occupation Certificate/Part Completion Certificate/ Completion Certificate for that part of Group Housing Colony and Common Areas for which the Occupation Certificate stands granted by the Department even though the case of completion certificate is pending the Department.... DG TCP

[dheerajjain]

That is a great news ! Now, builders can't grab buyers associations in pretext of that project is not completed yet (which never does !)

[ajaynarula]

I feel that my buyer friends have not understood the importance of this order from DTCP. I m not finding any discussion on the subject matter.
I request Dheeraj, Seema n Ajay Yadav to explain the importance of same under this thread....

[s1joshi]

Basis my limited understanding, Few reasons I feel this order is important is -

We all have observed that builders avoid dealing with groups, They are SCARED of people coming together and for same reason tries defer recognizing associations to extent possible. This is true pre and post possession.

This order relates to hand over of housing society administration (even in part occupancy) to association, Since any association for smooth administration is going to require an active association and funds for maintenance, Lets talk on that line...

There may be pros and cons of passing over ownership to association, However in below note, I am assuming that people residing in an apartment would be more concerned and active on welfare activities and will be less corrupt than colonizers whose only goal is money making.

I am of firm opinion that all societies having an active association, if managed well, and provided with necessary resources (common areas) - could be revenue generating and will not require any kind of maintenance charges from its occupants. [Refer TOI report below]

This happens in rarity as builder tries to continue play bully and dictate terms, He/She tries to keep hold of apartment complex to the extent possible and make more money and avoid passing ownership of common areas to the RWA.

We had a meeting with Silver oaks President in 2010, who told us that, Haryana Apartment Act clearly spells out that builder role is restricted to only constructing and selling residential flats in Group Housing Society and then exit

a) All common area belongs to Apartment Owners. In fact, Owners have been given statutory powers under the law to maintain this common area, earn income and use this income to cater to monthly expenses.

b) Builder has no powers under the law to sell or lease even 1 sq ft. of this common area. It CANT sell shops, schools or any other commercial thing whatsoever.

c) Apartment owners also can't sell this land. But, under the law, they can lease out shops, clubs, swimming pool etc, to earn monthly income

Further people might wish to refer one of the earlier post published in Feb 08, 2012

Imagine living in the sprawling apartment of a posh building with a panoramic view of the city, and actually getting paid to live there.

This is exactly the case with Jolly Maker 1, the exclusive but quaint complex of 175 apartments and 10 bungalows at Cuffe Parade. Comprising two 25-storey residential towers, the richest housing society in India (reserve and sinking fund is estimated to be over Rs 30 crore) is home to Subhash Chandra of Zee, the Goenka family, the Patni family, the Goa-based Salgaocar family, Dr A S Maker, the construction magnate which constructed commercial buildings in Nariman Point and the UAE Consulate. In this complex, instead of paying maintenance, the owners in this get an annual dividend of Rs 6-12 lakh.

Residents in this exclusive complex occupy flats ranging from 1,285 to 2,590 sq ft and enjoy a slew of benefits. None of them have to pay the monthly outgoings, which include a range of municipal taxes, because the society clears all the bills. Each member is charged a token one paise per sq ft per month.

"In fact, this cash-rich society pays every flat-owner a yearly dividend of Rs 300 for every sq ft he or she occupies," said a Jolly Maker resident. So, for someone occupying a 2,500 sq ft flat, the dividend is a cool Rs 7.5 lakhs a year.

The 10,000 sq mtr property includes a health club, a swimming pool and a restaurant, now shut down due to lack of patronage.

Terminology
“common areas and facilities”, in relation to an apartment or a residential building, means all parts of the apartment or residential building or the land on which it is located and all easements, rights and appurtenances belonging to such apartment, residential building or land, which are neither in the exclusive possession or enjoyment of an apartment owner or allottee in terms of his conveyance deed of apartment, nor are handed over or intended to be handed over to the local authority or other public service agency and includes the limited common areas and facilities as may be prescribed;

Common Expense : all sums lawfully assessed against the apartment owners by the Association for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities;

References :
Minutes of Meeting with Silver Oaks : flat-owners-rights-and-mom-with-silver-oaks-association-t245.html
India Richest Housing Society : india-s-richest-housing-society-t961.html
Model Real Estate Act : http://www.myfaridabad.in/petition/wp-c ... te-Act.pdf
Haryana Ownership Act the-haryana-apartment-ownership-act-1983-t233.html



@All : Feel free to Correct/Add.......