UP-RERA prepares draft guidelines on formation of residents’ welfare associations – ET RealEstate

NEW DELHI: In many group housing societies across UP and NCR, maintenance of common areas remains a bone of contention between residents and promoters. Often there are disputes relating to quality, charges and transparency in collection of monthly maintenance charges.

However, the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has now prepared draft guidelines to give some logic to formation of residents associations in housing sectors and high-rise societies. The authority has also sought suggestions from homebuyers associations in the national capital region on its draft guidelines on formation of residents’ welfare associations (RWAs) and Association of Allottees (AOA).

Balvinder Kumar, member UP-RERA, says, “What we have noticed is that in the last two years, buyers’ awareness has increased. They know about their rights, and now they want to enforce those rights through RERA authorities. To reduce disputes between buyers and promoters related to the maintenance of common areas, we have prepared one draft on maintenance and formation of AOA/RWA and the same has been sent to the UP state government for approval. Once this draft gets approved we will release these guidelines and hopefully both the parties will comply with the provisions and residents associations will be formed amicably.”

According to the UP Apartment Act, a promoter is responsible for making an association once there is an occupancy of 33% or more but in many societies this rule is not being followed even after the occupancy certificate is received.

In some societies residents are not happy with the maintenance while developers feel that the quality of services is subjective and may vary from society to society.

“We have tried to balance both the parties. All completed projects where occupancy certificate is received then AOA should be formed as early as possible. Residents associations should take over and maintain the common areas. A builder is required to form an association of residents but in many cases there is a delay. Sometimes there is a delay from residents side as well who do not want to take over the society. To address all these issues, we have come up with these guidelines,” adds Kumar.

New Guidelines for AOAs/RWAs will ensure that buyers have their own associations to maintain common area services and builder hand over the same in a timely manner.

As per the UP Apartment Act, the promoter needs to maintain the common areas and facilities till the Association is formed. For that the promoter can levy maintenance charges on residents, but sometimes residents contend that charges are too high and not as per the services. There have been many disputes between residents and developers in the past related to hike in charges and quality of maintenance services. Due to conflicting views, the services of common areas often suffer.

As more and more housing societies are getting completed and more buyers are moving into their housing projects, the maintenance remains a critical issue for both residents and developers.

According to UP-RERA, several resident associations have demanded the authority to intervene in the maintenance handover process and ensure smooth transfer of the same from developers to associations. However, in some societies residents are not in favour of forming associations as they feel it will deteriorate the quality of maintenance services.

Due to requests from the associations and promoters, the UP-RERA has decided to strike a balance in the new guidelines to form RWAS and AOAs. In some sectors and societies there are multiple AOAs and RWAS which is creating a lot of problems in fund management and delivering services.

Residents in UP now want that there should be clear-cut rules related to formation of associations, maintenance charges, quality of services and other related issues in the RERA guidelines. Now UP-RERA is hopeful that new guidelines will help both the developers and residents to resolve their disputes amicably.



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YEIDA plans to float new residential plots scheme soon – ET RealEstate

GREATER NOIDA: YEIDA is expected to launch a scheme on Tuesday to cater to the demands of entrepreneurs and industrialists. Besides, a residential plot scheme is also on the cards and could be floated within the next few days.

Officials said that layout and number of plots that will be offered have been finalised. “We were waiting for the Rera registration number to be generated. The scheme will be launched as soon as the registration process and formalities get complete,” said an officer of the authority explaining the reason behind the delay in launch of the scheme.

The industrial scheme will remain open till March 22 and a draw will take place in April, officials said. Officials added that link to apply to the two schemes will be available on the authority’s website.

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Construction work of Jaypee Greens Knight Court resumes – ET RealEstate

NEW DELHI: More than 300 homebuyers of the project Jaypee Greens Knight Court of Jaiprakash Associates (JAL) will have a sigh of relief now as finally the construction work at the site of their project has resumed.

The total cost of completing the remaining work of this project comes to Rs. 145.5 crore out of which Rs. 40.85 crore will be contributed by the promoter and Rs 103.35 crore by the allottees.

The project will be completed now within 15 months which had been stalled since the year 2014 and the registration date of the project had lapsed in December 2020. The project is a multi-tower group housing development project located in Sector 128, Noida, district Gautam Buddh Nagar has eight towers and there are 310 allottees. Not more than 60% of the project work had been completed before it got stalled for a variety of reasons.

Rajive Kumar, chairman, UP-RERA said, “The Authority is hopeful that many stalled projects will be completed under this win-win partnership for both homebuyers and promoters.”

Earlier on January 29, 2021 the Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) had ordered the promoter with the consent of the association of allottees of the project to undertake the completion of the remaining development to protect the interests of the allottees.

“Authority is in frequent touch with promoters and allottees of such projects. They may approach the Authority for guidance and working out an appropriate mechanism for their completion of such projects,” said Balvinder Kumar, member, UP-RERA.

The Authority has decided to closely monitor the progress of this project through the ‘Project Advisory and Monitoring Committee’ established under the chairmanship of Kumar with CEO NOIDA, Finance Controller, Technical Advisor, NCR Conciliation Consultant, Consultant Project Management Division, concerned Bank/Financial Institution and the AOA as members. The committee will review the progress on monthly basis and report to the authority.

UP-RERA has undertaken close technical and financial study of such projects which are delayed or stalled for any reason and has been continuously exploring the possibility and devising an appropriate model to facilitate completion of such projects by taking both the promoter and the allottees on-board.



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UP-RERA allows JAL to complete Jaypee Greens Knight Court with buyers’ support – ET RealEstate

NEW DELHI: The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) has allowed Jaiprakash Associates (JAL) to complete the long-stalled work of the project Jaypee Greens Knight Court in co-operation with Association of Allottees namely, ‘Knight Court Social Welfare Association’ within 15 months.

The total cost of completing the remaining work of this project comes to Rs 145.5 crore out of which Rs. 40.85 crore will be contributed by the promoter and Rs 103.35 crore by the allottees. The promoter will contribute Rs 10 crore upfront within two weeks and start the project within 15 days of this order.

The project had been stalled since 2014 and registration date of the project had lapsed in December 2020. The project has 8 towers and there are 310 allottees. Not more than 60% of the project work had been completed before it got stalled for a variety of reasons.

Rajive Kumar, chairman, UP-RERA said that “The authority is very serious about its mandate for facilitating the completion of the projects and delivery of houses to the homebuyers. The authority is continuously monitoring the progress of projects registered with it and has established a Project Management Division (PMD) in its NCR office which is manned by experienced professionals.”

The authority has also established a project monitoring committee under Balvinder Kumar assisted by the PMD and the conciliation consultant R.D. Paliwal along with with CEO NOIDA, finance controller, technical advisor, concerned bank/financial institution and the AOA as members.

The committee will review the progress on monthly basis and report to the authority.

Kumar further stated that the authority has undertaken close technical and financial study of such projects which are delayed or stalled for any reason and has been continuously exploring the possibility and devising an appropriate model to facilitate completion of such projects by taking both the promoter and the allottees on-board.

The authority is rigorously pursuing this approach especially in such cases where the registration has already been lapsed. It further proposes to expedite the redemption activity for revival of about a dozen delayed or stalled projects in very near future.

Previously the authority had instituted a co-operative model to complete the Kalypso Court Project of Jaypee Associates and the association of allottees of the Sampada Livia project to complete the remaining work of this project.



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