Promoter/ lesser not forming owners association

Sajal Guhamajumdar (Querist) 08 April 2023 This query is : Resolved
It has been over 40 years, our multi storied building from year 1985 till todate hasn't formed association under West Bengal apartment ownership act 1972 , and handed over maintenance to the flat owners.

He never had produced income /receipt - expenditure/payment of our building till date to flat owners. He has income from illegal mobile tower installed on terrace without flat owner permission.

Maintenance of the building is poor. Owners wants to form association by themselves under wb apartment ownership act 1972 ( as per sale agreement), so kindly tell the process.
The building comprises of 13 floors , Ground to 4th is commercial, 5th to 13th is residential , each floor has 8 UNITS in total.

Please tell the process.

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Quick Summary

Flat owners in a West Bengal building, whose promoter has failed to form an association for over 40 years and neglected maintenance, are seeking to form their own association. The process involves convening a general body meeting of all owners, passing resolutions to form the association and elect office bearers, and then registering it with the Registrar of Societies. It's crucial to follow the West Bengal Apartment Ownership Act, 1972, ensuring at least seven members above 18 years are involved and all necessary documentation is prepared.

Isaac Gabriel (Expert) 09 April 2023
Convene a meeting of the flat owners,pass resolution to form a society/ Cooperative society and contact the authorities for registering the society.

T. Kalaiselvan, Advocate (Expert) 09 April 2023
How to form an Association of Apartment Owners
Step-1: Serve Notice upon the Builder for Formation of AOA & Competent Authority.
Step-2: Call General Body Meeting i.e. meeting of all apartment owners.
Step-3: In GBM pass resolutions to form AOA and elect office Bearers.
Step-4: Register AOA with the Registrar of Societies.

Documents Required For West Bengal Societies Registration
ID and address proof of all the society members.
Passport size photos of the members.
Copy of MOA, society regulations and Bye-laws.
Rent agreement, if the society is situated on a rented property.
Application Form.
An apartment association can be formed by the volunteer association of the owners of the apartment.
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.
As mentioned earlier all the memorandum details should be given precisely.
The Bye-Laws of the association should be clearly explained and followed.
A prescribed amount has to be paid by each member to be a part of the association.
The applicants should sign the document in front of the registrar and if the registrar is satisfied with all the requirements of this act and the rules made, he shall certify that the society is registered and issue a certificate of registration.

kavksatyanarayana (Expert) 09 April 2023
To form an association under WBAs Act, 1972 I agree with the advice of the learned expert Sri T.Kalaiselvan Sir. But why did you keep silent all these years? it is the responsibility of the builder/promoter to form the association. So why did you not complaint to RERA?

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