Amendment status not verified — confirm the current text below against the official source.
(1) There shall be an association of allottees for carrying out the provisions of the Real Estate (Regulation and Development) Act, 2016 and the provisions of this Act. (2) Notwithstanding anything contained in any agreement, deed of transfer or document of any nature, it shall be the joint responsibility of the promoter and allottees to form an association of allottees if either 50 % of allottees or 7 allottees, whichever is lower, have been allotted with the apartments in a project. (3) The promoter shall enable submission of application by allottees for registration of association of allottees to the Competent Authority in the manner as may be prescribed. (4) There shall be a single association of allottees in the Project: Provided that if the project has mixed occupancy namely residential apartments, commercial units and units reserved for EWS or any other, separate association of allottees may be formed in the manner as may be prescribed: Provided further that, in every such case where separate association of allottees are proposed to be formed, the promoter shall delineate clearly the separate common areas and facilities for each of such associations; Explanation.― For the purpose of this sub-section,the expression “EWS” means a person belonging to the Economically Weaker Section of the society with the annual household income as notified by the State Government from time to time. (5) An association of allottees formed and registered under this Act shall represent all the allottees, or phase of the project, as the case may be, and shall be body corporate by the name under which it is registered having perpetual succession and a common seal and shall discharge its powers and duties and perform functions in accordance with the provisions of this Act, rules and the bye-laws made thereunder. (6) The allottee irrespective of the number of apartments booked by him or purchased in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, by whatever name called, booked or purchased in its name or booked or purchased in the name of its associated entities or related enterprises, shall be considered as one member of the association of allottees and shall have one voting right. (7) The promoter shall continue to be the member in relation to an apartment not allotted or transferred, till such apartment is allotted or transferred to a person, who shall become the member of the association of allottees and on such allotment or transfer, without any further action on his part, be responsible for paying the annual maintenance Formation of association Of allottees. 16 of 2016. 14 charges or any other charges decided by the association of allottees. (8) The promoter shall be considered as one member of the association of allottees and shall have one voting right irrespective of the number of unsold apartments in its possession and shall cease to be the member of the association ofallottees as and when it is not in possession and has transferred all the apartments in the project. (9) An allottee shall cease to be a member of the association of allottees, if,– (a) theallotment letter issued in his favour is cancelled by the promoter at any point before the execution of the deed of transfer; (b) the deed of transfer executed in his favour is terminated or cancelled by the promoter or transferee as the case may be; (c) any other ground as may be provided under the bye-laws of the association of allottees. 15.(1) The application for formation of association of allottees shall, within six months from the date of commencement of this Act, be submitted, to the Competent Authority in such form and in such manner as may be prescribed for registration of association of allottees with the persons who have been allotted, sold or otherwise transferred the apartment, as members: Provided that any association of apartment owners, by whatever name called, which was registered under the previous law or under the Societies Registration Act, 1860 or any other law for the time being in force before commencement of this Act shall be deemed to be the association of allottees for all intent and purposes of this Act and such association of allottees shall bring their bye-laws in consonance with the provisions of the model bye-laws prescribed under this Act, within six months from the date of such commencement. (2) On receipt of application under sub-section (1), the Competent Authority, after satisfying himself that the proposed association of allottees and its bye-laws is in consonance with the provisions of this Act and the Real Estate (Regulation and Development) Act, 2016 and he shall register the association of allottees for the purpose of this Act and issue a registration certificate, within 60 days from the date of receipt of such application.