RESIDENTS ASSOCIATION FORMATION
2 months ago
We are approximately group of 35 residents currently staying in an under construction society of 94 individual houses. Builder has not completed construction of common amenities such as club house and swimming pool and asking residents to take society handover and bear common expenses. Project was under construction since 2014. RERA limit is also overdue. We as a resident group collectively want to complain against builder in gujarat RERA, but for that any informal or formal resident association or co-operative structure registration is mandatory? Please provide legal expert suggestion on this. If we form a registered co.op. society, are we liable to pay maintenance of under construction society such as common road light bill, security bill etc?
The Builder of an under-construction building bears maintenance and incidental expenses until the construction is complete and the Completion Certificate (CC) & Occupancy Certificate (OC) are obtained. The builder cannot hand over possession of flats until these certificates are secured. Once possession is granted, buyers may form and register a society under state-specific laws. Upon society formation, the builder must transfer all building charges, including maintenance, to the society.
Given that the housing project is registered under Gujarat RERA, any flat owner or the collective group of flat owners can file a complaint against the builder before the Adjudication Officer of RERA under Sec.31 of the RERA Act, 2016 to seek resolution in the matter.
The maintenance and other incidental expenses are being borne by the Builder of an under-construction building. Until and unless the construction of a building is completed and the builder obtains the Completion Certificate(CC) & the Occupancy Certificate(OC) of the building, the builder can not hand over the possession of flats to the buyers of the building. The buyers after getting possession of the flats may form a society and register it under the State-specific laws. Once the society is formed and registered, the builder shall hand over all the charges of the building including maintenance and other incidental services to the Society. Since the housing project is registered under Gujrat RERA. any flat owner or collectively all flat owners can file a complaint against the Builder before the Adjudication Officer of RERA under Sec.31 of the RERA Act, 2016 for a resolution in the matter.
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