Role of Apartment Owners Association in Apartment Handover from Builder

Apartment Owner Association is a statutory body that manages and operates all common resources and amenities. Handover from builder is vital after formation of Apartment Owner Associations or Co-operative housing society for the apartment. A builder is supposed to form a housing society within four months of the sale of 60 per cent flats. If the builder fails to do the same, the residents can go ahead and get the society formed on their own. Apartment owners can form an apartment owners association and apply to sub-registrar for registration of apartment owners association.

Before the builder hands over

• Registration of association: A builder is supposed to form a housing society within four months of the sale of 60 per cent flats. If the builder fails to do the same, apartment owners can form an association and register in the office of the Registrar in which District the society is intended to be established. Memorandum of Association and Byelaw of Association are important for forming an association or housing society. No Member of Society shall have any personal claim on any movable or immovable properties of the Society or make any profit, whatsoever by virtue of his Membership.

• Appoint Legal Expert: A registered apartment owners association or housing society can sue and be sued. Employing a legal expert can help association or society to verify legal documents and take legal actions against builder, contractors or members who fails to obey Byelaw of association.

• Prepare Handover Checklist: Once an apartment owners association or housing society is formed, builder has to handover apartment amenities and fund to the society. The society can prepare checklist and provided to the builder as a formal record of the handover.

Handover from Builder to Apartment Owners Association

• Ensure builder has obtained Occupancy Certificate for the apartment. Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

• Audited statements and details of the bank account are vital for handover of apartment to housing society or apartment owners association.

• A builder or property developer should provide Architectural and structural drawing to Association or housing society during the Handover of apartment and its maintenance to the association or housing society.

• Ensure the builder has provided all documents as per Handover Checklist provided to the builder as a formal record of the handover.

After the builder hands over

• Society should get accounts audited by the Chartered Accountant and get it approved by the General Body every year and file it with the registrar within 14 days from the General Body meeting.
• The Society cannot cut or terminate any facility enjoyed by the owner. The Society can only initiate legal proceedings for recovery of the outstanding and can also seek other reliefs as may be permissible under the law.
• Maintain separate files for receipts such as record for Taxes towards Property, Service, electricity bill, water bill and maintenance of apartment amenities etc.
• Ensure safety of residents and apartments owners by testing Smoke Detectors and Alarm Panels, executing fire drill, proper disposal of waste and wastewater.
• Hire professional for maintenance of apartment amenities, lift service, housekeeping, pool manager etc.
• Newsletters with status updates on key issues and highlight concerns affecting the residents.
• After handover of apartment and its maintenance, contact local authorities or municipal corporation for making necessary changes in the revenue records
• Appoint Health and Safety Officer
• Ensure Pest control, Building repairs and maintenance