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Residents Welfare Association, Process, Administration and rules!!

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Residents Welfare Association, Process, Administration and rules!!

Last updated: January 23 2015
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  • Residents Welfare Association, Process, Administration and rules!!

    what is the procedure for creating co-operative Housing society after possession?

    why omaxe height , BPTP and SRS are not making co-operative housing society?

    I have no idea about co-operative housing society procedure.

    Can any one give more information about this?
    Last edited August 20 2012, 08:06 PM.
  • #2

    #2

    Re : Residents Welfare Association, Process, Administration and rules!!

    Originally posted by Karrish View Post
    what is the procedure for creating co-operative Housing society after possession?

    why omaxe height , BPTP and SRS are not making co-operative housing society?

    I have no idea about co-operative housing society procedure.

    Can any one give more information about this?
    In case of society, have to convene meeting of all the members and elect among yourself a Promoter. Then there is a prescribed application form for reserving the name of the Society which you will have to fill giving details of names of all the flat holders and signed by all. Then you will have to seek permission for opening account in the name of the society and make contribution as required by law from all the members. The difference between the society and apartment is that in society, it is the owner of the property and all the flat holders are its tenants. All the flat holders have equal share in the property of the society. Nothing is reserved for anybody. In Apartment, the share of the flat holder is different as per his area of occupation. There can be reservations by the members such as parking, common terrace and easement rights. Also, if there is any excess FSI available, or would be available, builder can reserve it for himself and utilise it at any other place.

    Comment

    • #3

      #3

      Re : Residents Welfare Association, Process, Administration and rules!!

      Originally posted by miketest View Post
      In case of society, have to convene meeting of all the members and elect among yourself a Promoter. Then there is a prescribed application form for reserving the name of the Society which you will have to fill giving details of names of all the flat holders and signed by all. Then you will have to seek permission for opening account in the name of the society and make contribution as required by law from all the members. The difference between the society and apartment is that in society, it is the owner of the property and all the flat holders are its tenants. All the flat holders have equal share in the property of the society. Nothing is reserved for anybody. In Apartment, the share of the flat holder is different as per his area of occupation. There can be reservations by the members such as parking, common terrace and easement rights. Also, if there is any excess FSI available, or would be available, builder can reserve it for himself and utilise it at any other place.

      Thanks Mike.

      It means society will always beneficial for us. All the rights of open space with us. No need to pay transfer charges to builder.

      I think government should make this mandatory.


      1) Once a society is formed all the flat owners has the final right on the open space in the project and builder can't intervene afterwards
      2) In case of an apartment builder has the right on the open space and in future he can contsruct any shops or any other contruction without bothering about the flat owners in an apartment
      3) Society formation is little lengthier process and it needs all the documets from the Builder to be clear such as if the Plot was NA or not etc.

      Comment

      • #4

        #4

        Re : Residents Welfare Association, Process, Administration and rules!!

        Hi
        Greetings

        I believe you mean to say a RWA for GH developed by a colonizer so changing the title of thread appropriately.

        RWA is formed when the coloniser applies for a completion certificate after giving possession to majority of units as per approved plan submitted with the STP office.

        I am reproducing a recent struggle by GGN unit holders in Orchid Petals for some insight into why this is a must.

        The owners need to be ready to move court and approach relevant state authorities governing housing and its regulation.

        Builders like BPTP are bound to prevent any RWA formation and keep violating all rules as in the case of Park Grandeura. Despite the buyers having paid
        - Life time club membership (for use of club facility for self and family)
        - IFMS (interest free maintenance security) for all common areas

        residents can access club by paying a
        - monthly Club fee
        - Subscription fee for each individual family for various facilities separately (gym, swimming pool, squash court)
        -Monhtly Maintenance fee for the entire Group Housing

        This once the RWAs takes over the business motive is removed for the welfare of the inhabitants and things managed on no profit no loss basis.

        It would be a good thing to take a leaf out of GGN and Noida Associations which of late have gone aggressive recently.

        It would essential to strengthen GFWA to reach that level of preparedness which Surge or Progressive Residents welfare Association or Gurgaon Citzens
        Council or NEFOWA etc have reached.

        Cheers
        Originally posted by Bikumatre View Post
        Dear All,


        You are invited to join peaceful protest in Orchid Petals against colonizers' dominance in Gurgaon!


        Orchid Petals residents are holding a peaceful protest to register their protest against continuing arm twisting tactics adopted by the colonizer, Orchid Infrastructure Developers Pvt. Ltd. The colonizer, OIDPL has indulged in various violations and manipulations. For the last three years, OIDPL has been trying to scuttle RWA Formation and when the Flat Owners' Association got the RWA Elections orders issued from the STP office, colonizer manipulated the process to avoid RWA formation. this matter is sub judice now.


        In a recent move, the colonizer's maintenance agency has increased our maintenance cost arbitrarily with retro effect! This is when the maintenance, security and safety levels are anything but sub standard. Residents' emails/ letters/ complaints are never acknowledged to escape accountability. Residents have also found serious financial irregularities in the maintenance accounts.


        We know that this is the same old story across the condominiums in Gurgaon. We would invite you to join our event and share your experiences with us. We are inviting prominent activists who have achieved success in their fields. We have also invited our advocate, Pooja Aganpal to talk about the flat owners' rights. We have also requested Media to cover our story.


        We will assemble tomorrow morning (Saturday, 25th Aug.) at Orchid Petals main gate at 9:30 AM; your presence and sharing would help promoting the cause of common flat owners in Gurgaon!


        We have created an Audio-Video Show to expose the state of affairs!


        Residents of Gurgaon Condominiums - YouTube

        Comment

        • #5

          #5

          Re : Residents Welfare Association, Process, Administration and rules!!

          Grandeura, Princess Park, SRS, Omaxe can now demand/create a RWA officially

          Hi
          Greetings

          With continuous efforts of RWAs, DTCP has reigned in the hegemonistic and monopolistic tendencies of Real Estate companies towards charging exorbitant Maintenance charges and Misappropriation of COMMON Areas post possession.



          The instructions are now very clear and any RWA facing problem can complaint with the respective Senior Town Planner in case the builder refuses the facilitation of the RWA and handing over of the administration.

          Hopefully no more 4.25-6 psf to be charged as maintenance and no more misappropriation of common areas. Henceforth Greens not to be sold to third parties and to be as per building plan and approved site layout.

          The same is applicable to all Apartments, villas, Floors, plots

          Time to rejoice.

          Cheers
          Last edited October 13 2012, 04:39 PM.

          Comment

          • #6

            #6

            Re : Residents Welfare Association, Process, Administration and rules!!

            Hi
            Greetings

            The circular earlier shared is now a news item.. Read on

            Quote:
            Originally Posted by MANOJa
            GURGAON: The Haryana government has decided that the developer, as defined in the Haryana Development and Regulation of Urban Areas Act, 1975, shall transfer the administration of the condominium to its residents' welfare association (RWA) immediately after the grant of the occupation certificate.

            The builders will also have to transfer administration in case the DTCP has given "part completion certificate", a state government release said on Tuesday. The new rule has come into force with immediate effect and all the Senior Town Planners and District Town Planners have been informed for compliance. ,There are many condominiums for which the colonizers have secured only part completion and continue to keep all the administration under their control directly.

            There is no timeline for the colonizers to hand over the administration to the RWAs but the flat owners in Gurgaon have greeted the development since it paves the way for managing their condominiums. The state government had swung into action after RWAs had raised the issue with the Gurgaon Senior Town Planner, R K Singh.

            The RWAs had argued that the colonizers had executed the deed of declaration as required under Section 2 of the Haryana Apartment Ownership Act, 1983, after obtaining the occupation certificate but the administration of the condominium remained with the colonizer.

            "The colonizer will take a plea that the project is not complete and the commercial side is to be developed and delay the handing over the administration to RWA. So unless the STP takes it seriously the new rule will not be implemented in letter and spirit," said Raman Sharma, president, Gurgaon Progressive Forum.

            The flat owners in Gurgaon condominiums have formed RWAs and there are 67 townships with muti-storey buildings that are occupied. At present, despite the existence of RWAs in condominiums the colonizers continue to keep all the records relating to the project.

            Sharma said that new rule favours the RWA but colonizers were not keen to endorse it.

            Explaining the reasons for the reluctance of the colonizers to hand over administration to RWAs, he said : "Before the hand-over the colonizers will have to pass on the entire details of the project that include the super area, common area and other factors like commercial and basement aspects. Now this will open a Pandora's box and result in conflicts."







            http://timesofindia.indiatimes.com/c...w/17040749.cms
            Builders must let residents manage their neighbourhood - The Times of India

            Hats off Mr Raman Sharma!!

            Cheers
            Last edited November 2 2012, 02:26 AM.

            Comment

            • #7

              #7

              Re : Residents Welfare Association, Process, Administration and rules!!

              Federation of Apartment Owners aims to protect home buyers: Amit Jain, DG of FAOA

              Federation of Apartment Owners aims to protect home buyers: Amit Jain, DG of FAOA - The Economic Times

              22 NOV, 2012, 02.19PM IST, MAMTA SHARMA,ET BUREAU
              Federation of Apartment Owners aims to protect home buyers: Amit Jain, DG of FAOA

              Increasing urbanisation has led to an unprecedented growth of gated communities in Gurgoan in the past few years. But in the absence of any regulator in the real estate industry, the apartment buyers' rights are increasingly under threat due to lack of awareness and poor enforcement by existing regulators. Flat owners' associations of several real estate projects in the millennium city, including those of DLFBSE -0.87 % and Unitech, recently launched a national body called Federation of Apartment Owners Association (FAOA). Mamta Sharma spoke to Amit Jain, director general of the association to understand their solutions and strategies for home buyers. Edited excerpts:

              What triggered the idea of FAOA?

              Delayed projects, extortionist one-sided agreements, hijacking of residents associations, retention of maintenance against the will of the occupiers, sale of parking and common areas, Floor Space Index (FSI) bungling and defiance of density and environmental laws are some of the main development ills of Gurgaon's realty .

              For 30 years the residents of group housing societies (GHS), have continued to suffer, while builders like DLF, UnitechBSE -3.51 % and others in cahoots with the unscrupulous babus and politicians, kept selling their rights over the common area facilities (like schools, land, shops, parking areas, clubs, etc.), illegally selling the area, which had no sanctioning from the authorities, converted community centres into commercial clubs, etc. FAOA not only intends to safeguard the interests of the buyers but also prevents the exploitation by the builders-bureaucrat nexus by laying the foundation of a structured organisation. It arms the individual GHSs with right knowledge about their rights and responsibilities as the owner of not only an apartment but also the statutory rights over the land.

              Who does FAOA comprise? Is it Gurgaon-specific?

              It is a registered society with members comprising GHS and/or owners association (where the builder has formed its own illegal RWA). We have 15 GHS /associations as our members such as DLF - Silveroak Society, DLF Belaire Owners Association, DLF Magnolia Owners Association, Unitech World SPA, Vipul Orchid Petal, Ansal Celebrity Homes, and many others. The federation at present represents Gurgaon, Faridabad, New Delhi, Greater Noida, but aspires to become an all India body.

              Who is responsible for the growing dissatisfaction among buyers - government, ignorance of buyers or malpractices by builders?

              To a large extent it is the judiciary. The first case against DLF, for selling community buildings, was filed in 1967 (Arjansingh And Ors. vs Deputy Mal Jain And Ors. on 2/11/1981), which eventually saw the light of the day in 1981. DLF understood the process and started the extortionist practices since then. So when DLF developed the first group housing society, i.e., Silveroak Group Housing Society in Gurgaon, and took away all the common area and facilities from the residents.

              The residents had filed objections in 1997 and till today they haven't got an inch of the common area and facilities to enjoy the benefits of a group housing society. Today, as it stands to be, the Apartment Buyer's Agreement of every builder is exact copy of what DLF has concocted after years of extortion. Even if the existing cases in the courts could be settled on priority basis, half of the solutions would get eliminated.

              Your views on the present redressal system and the changes it needs?

              The present redressal system is a sham. Be it CCI or National Consumer Disputes & Redressal Commission (NCDRC) or the Supreme Court, unless and until the builders are made to pay money, what they have illegally extorted from the buyers, over the past 20-30 years, this extortion would not stop. While home is a basic necessity of life and the human life is limited, our judiciary system has to device new systems for the redressal homebuyers' grievances. The government has to recognise real estate as an essential commodity for a homebuyer and devise a new redressal system.

              What are your solutions and strategies for the coming year?

              In coming months the we are planning to host a conclave on real estate in India. It will include representatives from agencies like Credai, Naredco, public traded real estate companies like DLF, Unitech, Lodha Developers, Ansals, etc. It would also have representation from construction companies like L&T, IF & FS and Shapoorji Pallonji among others. We also plan to have representation from ministry of corporate affairs, ministry of urban development and poverty alleviation, and local elected councilors, including consumer welfare bodies like Joint Action Forums of RWAs (JAFRA).

              Besides, we are launching a program 'Zero Maintenance Charges GHS' in which the federation shall build a model GHS that is self-sustaining without any maintenance charges contribution by the residents.
              __________

              Not sure how effective this would be for RWAs of Faridabad to join FAOA, but certainly some sort of best practice/legal sharing can always help.

              Problems of Faridabad are more severe due to political/administrative neglect, apart from builder apathy.

              Cheers
              Last edited November 23 2012, 01:53 PM.

              Comment

              • #8

                #8

                Re : Residents Welfare Association, Process, Administration and rules!!

                apartmentadda.com

                Society Accounting Software | Apartment Management Software | Official Communication Portal for Associations

                Comment

                • #9

                  #9

                  Re : Residents Welfare Association, Process, Administration and rules!!

                  Originally posted by BlessU View Post
                  Hi
                  Greetings

                  I believe you mean to say a RWA for GH developed by a colonizer so changing the title of thread appropriately.

                  RWA is formed when the coloniser applies for a completion certificate after giving possession to majority of units as per approved plan submitted with the STP office.

                  I am reproducing a recent struggle by GGN unit holders in Orchid Petals for some insight into why this is a must.

                  The owners need to be ready to move court and approach relevant state authorities governing housing and its regulation.

                  Builders like BPTP are bound to prevent any RWA formation and keep violating all rules as in the case of Park Grandeura. Despite the buyers having paid
                  - Life time club membership (for use of club facility for self and family)
                  - IFMS (interest free maintenance security) for all common areas

                  residents can access club by paying a
                  - monthly Club fee
                  - Subscription fee for each individual family for various facilities separately (gym, swimming pool, squash court)
                  -Monhtly Maintenance fee for the entire Group Housing

                  This once the RWAs takes over the business motive is removed for the welfare of the inhabitants and things managed on no profit no loss basis.

                  It would be a good thing to take a leaf out of GGN and Noida Associations which of late have gone aggressive recently.

                  It would essential to strengthen GFWA to reach that level of preparedness which Surge or Progressive Residents welfare Association or Gurgaon Citzens
                  Council or NEFOWA etc have reached.

                  Cheers
                  You can find the UP apartment act and model bye-laws at The Uttar Pradesh Apartment Act 2010, Rules and Model Bye-Laws | ApnaComplex Knowledgebase and News

                  Comment

                  • #10

                    #10

                    Re : Residents Welfare Association, Process, Administration and rules!!

                    Hi,

                    What is the process to register RWA in Gurgaon.

                    Comment

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