Formation of association: whose responsibility?

Sourav Mukherjee (Querist) 02 September 2023 This query is : Resolved
The RWA for our residential complex is to be registered under the West Bengal Apartment Ownership Act. This complex has LIG, MIG & HIG segments whose facilities properly demarcated and mentioned in deed. However there are few facilities which are common across all segments e.g. STP, SWP, Fire Tank, etc. The builder was initially in favour of creating one RWA and then create multiple sub committees under that for each segment. However, the residents are in favour of creating one RWA for each segment and form a federation to take care for the common facilities. The builder has agreed to 2 or more associations but are mentioning that this has been taken care by the owners. They will only provide relevant documents when required by the law for the formation. The have only once Fire NOC, one sanctioned plan. one water connection for the whole complex but has been shared with the residents. Please let me know who has primary onus to form the association, owners or Builder.

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This discussion clarifies the responsibility for forming a Residents' Welfare Association (RWA) under the West Bengal Apartment Ownership Act, 1972. While the primary onus lies with the apartment owners, the builder also has a role in filing the necessary declaration and handing over maintenance. If the builder fails to cooperate, owners can involve the competent authority to ensure the RWA is formed.

kavksatyanarayana (Expert) 02 September 2023
For formation of RWA is the responsibility of the ownesr.

Dr. J C Vashista (Expert) 03 September 2023
The builder shall file a declaration under Section 10 of The West Bengal Apartment Ownership Act, 1972 and hand over maintenance of common area to the Association formed by flat owners the purpose.

T. Kalaiselvan, Advocate (Expert) 03 September 2023
An apartment owner's association should be formed under the West Bengal Apartment Ownership Act, 1972. It is mandatory for all the apartment owners to be present at the time of formation. It is important that there should be 7 or more members to form an apartment association. The members should be above 18 years.
it is the joint responsibility of the apartment owners and promoter to form the AOA. In case despite all legal requirements being met but still if the promoter is not forming the association then it is imperative on some volunteer residents to take steps for the formation of same with help of the competent authority.

The apartment owners after taking the Step-1 as suggested above i.e. after service of notice to the Promoter can complain to the Competent Authority about non-adherence of the law by the Promoter and request for a direction from the Competent Authority to the Promoter to form and register the Association. Such request should be made in writing as well by a personal meeting.

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