|September 1 2012, 10:01 PM||#1|
Gurgaon Apartment Owners & RWA Unite Against Unethical Builders
High-rise apartments will be the abode of our future urban residents. It is important to set their governance process in order, as also the rights of the owners. Builder-resident squabbles, encroachment on rights, non-provision of services, overcharging, and many other issues have become common in Gurgaon, along with these familiar spires.
In May 2006, a society named the Federation of Apartment Owners’ Association (Haryana), FAOA, was formed by Col B.K Dhawan. The aim of the Society was to be a platform for aggrieved apartment owners, and a source of knowledge for others. After a period of low activity, the Society is now readying itself for a big leap into the builder-resident fray.
What Is It For?
President Emeritus of Silver Oaks Society (SOS), and the current President of FAOA, Col Dhawan says that this Society was started to help disseminate knowledge and awareness to apartment owners, across the City and the State. Each condominium society’s RWA can be a part of FAOA, and its RWA President would be its representative.
“There are over 700 condominiums in Gurgaon itself, and thousands spread across the State. The fact is, there are lakhs of people living in apartment condominiums who are being treated unfairly, for years on end,” he says. It is not that they are unwilling to act, the problem is that they don’t know the guiding law (The Haryana Apartment Ownership Act – HAOA, 1983) and their rights and responsibilities.
“This organisation makes sure that the residents’ interests are protected judiciously and correctly, by their respective RWAs,” he says. The FAOA was formed with a core group of individuals, who have years of experience dealing with problems faced by apartment owners/buyers, and running the administration of such complexes. As of now, the membership is about 40 condominium societies – with members such as World Spa, Silver Oaks, Ambience Lagoon, Bel Aire, Park Place, Heritage City, Uniworld Gardens, and Orchid Petals.
Col. Sarvadaman Oberoi, President of Uniworld Gardens, is unequivocal about his RWA joining FAOA. According to him, this is precisely what the residents needed – a state-wide platform for voicing their problems. The FAOA is going to be an important weapon in the fight for residents’ rights, he feels. “The Society is in the midst of collecting funds for its operation; and more importantly, the Supreme Court case between SOS and DLF will be a game changer for every apartment complex in the State. If the decision comes in our favour, it could mean thousands of crores of rupees worth of real estate changing hands from the builders to the rightful owners (the condominium RWAs),” he says.
The FAOA is dedicated to not only help SOS win the Supreme Court case, but also to help other member RWAs protect their interests and rights, while preventing current abuses and malpractices by builders.
According to Col. Dhawan, the FAOA will have a three-pronged strategy.
Pre-announcement of builder projects – Ensuring that the builder does not lay claim to facilities beyond the licence agreement. Plus, ensure that the apartment agreements to be signed by the buyers are legally tenable and not one-sided.
During execution of a project – Ensuring builder completes all documentation and hands over the complex to the buyers, as per the Haryana Apartment Ownership Act.
Giving the reins of a complex to the RWA after completion – making sure that the government and civic authorities provide necessary support, and that property taxes are levied on a rational basis.
In essence, these are all the duties that the Town and Country Planning Department (TCP) of the State are supposed to do. But when the real authorities are either in cahoots, or don’t care to exercise their might, it is the people who will have to come through and stand up, Col. Dhawan says.
The resurgence of such a society points to two facts. One, that builders have no interest in leaving the maintenance business of the apartment complexes they have constructed – however shoddy, overpriced, or non-existent the service may be in some cases. Secondly, the lethargy of the governmental watchdog (Director TCP) over the current excesses, and of sanctioning uncompleted projects, has riled the people to the point that the RWAs have found that fighting individual battles will not gain them much in the long run. Therefore, coming together to present a united front for common troubles is the only logical solution, and it is happening right now.
Objectives Of The Federation
To bring in awareness amongst the apartment owners of the State of Haryana in respect of their rights, interests, and obligations, under the provisions of the Haryana Apartment Ownership Act (1983) and Haryana Apartment Ownership Rules (1987), including any amendments.
To do all such acts, render, advise and provide guidance to individual residents and/or apartment welfare associations, to protect their interest under the laws, and to ensure lawful management and maintenance of apartment complexes in the state of Haryana.
To protect and advise members and respective RWAs, federations of apartment complexes for proper transfer/lease/sale/registration of apartments under the provision of Haryana Apartment Ownership Act (1983) and Haryana Apartment Ownership Rules (1987).
To promote closer social and cultural contact amongst the constituent members of the Federation, by enrolling residents of apartment complexes.
To take up issues concerning property tax with the municipal corporations, so that tax is charged only when the apartments are finally registered as per the Haryana Apartment Ownership Act 1983, and Haryana Apartment Ownership Rule 1987.
To protect the interest of the constituent members of the Federation, with respect to civic amenities, and the safety and security of the residents and their family members.
To provide a forum for making representations before the builders operating in the State of Haryana, the maintenance organisations, DHBVN, HUDA and other government bodies and the State government, for and on behalf of the constituent members of the Federation, in respect of the above objectives – and approach a court of law, whenever required.
|September 1 2012, 10:54 PM||#4|
very good and positive effort, as i keep on saying if and when the citizens come together and fight for their rights actively and participate in it, can we make a difference. We underestimate the power of one and also when this one unites to become power of many, they can take on anyone howsoever powerfull.
Thanks forbringing this to all our notice and let us work to ensure all our rwa are part of such intiatives and they drive this citizens movement.
|September 2 2012, 02:18 AM||#5|
I would like to offer my earnest support in terms of monetary and efforts for this very positive step as long as it is apolitical.
Gujarat and Maharashtra have very very strong RWAs and builders are frequently challenged for unethical practices/charges in various courts and authorities. This has resulted in landmark judgements to provide succour to underconstruction and developed projects
There is no point paying lacs by individuals where a proper legal process, if properly handled can reap the same benefits and dissuade builders. This would after a time act more as a deterrent to both the authorities and the builders.
A List of evils currently prevalent are:
-Do not send BBA
-Changes Floor Plan/size
-Changes Project layout show park/common area and build on it latter/sell them
-Refuses allotment after keeping money for a duration
-Duplicate allotment, two people being alloted same property
-Offers another project/flat/plot
-Sell without legal compliances/ against approvals
-Wrongly promote Bank Financing
-Change Super Area to fleece endusers and benefit builders and investors
-Exhorbitant Compounded qtl Interest rates for delayed payments
-Advance demand ahead of project stage
-Wrong demands and no interest paid on excess paid
-Commit Penalty for delayed possession and not pay or pay only on original subscribers
-Take Undertaking/ POA from buyer during BBA/Possession- not to claim in future
-Poor construction, equipment, flooring, plumbing, Woodwork
-No certification for workmanship
-Give no clarity on maintenance cost
-Charge excessive EDC and dont pay govt. and impose the interest payment to govt on the subsciber
-Send standard response but no answers to queries,
-neglect to communicate on matters of material nature affecting buyers
-If prices of project in resale go up, threaten to cancel allotment in lieu of nominal interest
-Wrong charge for IFMS
-Wrong charge for Parking
-Wrong charge for service tax
-If prices go up sell the project outrightly for a profit to another builder
-Forfeit Application Money
-Health and Safety Issues
-Sell/lease common facilities/area
and many more
|September 2 2012, 06:33 AM||#6|
I would like to congratulate all those who have brought thus far and would like to offer my whole hearted support to this. Please can someone follow up with providing a formal mechanism (such as website, legal status etc) to ensure we are able to support this initiative.
Question: This seems to be an organization of RWA's, how are individual buyers in projects which are far from completion supported? Is this an organization with members as RWA + individuals?
|September 2 2012, 08:41 AM||#7|
As i said, i am awaiting details, would share, once i get them . Meanwhile, if anybody has more info. on FAOA, please post .
|September 2 2012, 08:43 PM||#8|
The Silver Oaks Team was the initiator of this Federation and now the Federation has over 7 Associations under it.... If you would like the contact details for the Federation PM me and I can send that to you..
|September 2 2012, 09:33 PM||#9|
|September 7 2012, 09:13 AM||#10|
For the rest..it will be great to see more people join this federation..if your apartment complex has an association.. do try and join the Federation..
The Silver Oaks Association is using Prashant Bhushan for their case against DLF and the Federation is considering filing PIL's against builders for various gross obstructions...
Being a member of the Federation which is being lead by ex military officials will provide your association members with a cover for the common issues..And will help clean a rotten system that seems to have developed..
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