Related to the welfare association
2 months ago
## Subject: Gated Community Association Legal Advice Request
Dear Sir/Madam,
We, the residents of [Name of Gated Community], located in Coimbatore, Tamil Nadu, require your legal advice on the following matters pertaining to our community association.
Background:
Our community comprises 44 villas and 16 apartments.
The association was registered by the promoter under the Tamil Nadu Societies Registration Act on
December 28, 2020.
The current executive committee consists of 7 members, including 6 residents and the promoter.
The association has managed all community affairs, including maintenance collection, since its
registration.
The clubhouse within the compound remains registered under the promoter's name and has not been formally handed over to the association.
Seeking Advice on:
1. Possibility of Re-registration: Can we re-register the association under a new name and include all 60 residents (villa and apartment owners) in the association bylaws? As the Promoter is not co-operating on the renewal process.
2.Clubhouse Transfer: What legal steps are necessary to transfer ownership of the clubhouse from the promoter to the association?
We appreciate your prompt guidance on these matters. We are available to provide any additional information needed.
Thank you for your time and assistance.
Upon the formation of a cooperative housing society or apartment owners association under the State-specific Act and Rules, the Promoter/Developer is obligated to transfer control of buildings or apartments to the Society or Association within the stipulated timeframe set by state laws. Following the completion of the handover process, the activities of the Society or Association are governed by its bylaws. Any matters, including re-registration, renewal, or disputes with the Promoter after handover, are addressed by seeking intervention from the competent authority, such as the Registrar or Deputy Registrar appointed under the State-specific Acts and Rules.
Once a cooperative housing society or apartment owners association is formed under the State-specific Act and Rules, the Promoter/Developer has to hand over the charge of the buildings or apartments to the Society or Association within the time frame as prescribed under the state-specific laws under which a society or association is registered. As soon as the process of handover and takeover between the promoter and the registered society or association is over, the bylaws of the society or association govern all the activities of the Society or Association onwards. All matters including re-registration to renewal and any dispute with the Promoter post-handover are resolved/navigated by invoking the intervention of the competent authority, i.e, the Registrar or Dy. Registrar of the Society or Association appointed under the State-specific Acts and Rules.
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