Gurugram apartment owners seek dedicated registrar for societies, law reforms

Resident groups sought changes to housing laws, a dedicated registrar, faster dispute resolution and stronger protection of apartment owners.

The Federation of Apartment Owners Associations (FAOA), Gurugram, on Saturday sought governance reforms, including transparency, resident rights and an end to builder disputes. It demanded a dedicated district registrar for apartment associations, amendments to the Haryana Registration and Regulation of Societies (HRRS) Act, and stronger enforcement of the Haryana Apartment Ownership Act (HAOA), 1983. The demands came at a session at Brisk Lumbini Terrace Homes, Sector 109, Dwarka Expressway, attended by over 40 apartment associations, RWAs, legal experts and owners across Haryana.

Proposals include a dedicated registrar, simpler laws, mandatory disclosures and quicker resolution of membership disputes. (HT Archive)

Proposed amendments to the HRRS Act include automatic membership for eligible apartment owners, the “One Society, One RWA” principle, financial transparency, mandatory disclosures, greater accountability and e-voting. “We request the registrar general and the additional chief secretary, Haryana, to issue clear guidelines to all district registrars to compile data on pending membership disputes, examine the reasons behind them and ensure their timely resolution,” FAOA representative Ritu Bhariok said. Members added that a representation outlining these demands has been prepared and will be submitted to the concerned officials.

Participants said the parallel operation of the HAOA, 1983, and the HRRS Act, 2012, has caused overlapping jurisdictions, delayed handovers and disputes over functioning.

More than 40 apartment associations backed demands for better governance, owner rights and an end to long-running builder disputes. (HT)

Legal expert Sanjay Lal compared Haryana’s laws with Maharashtra’s, saying the latter is more owner-centric. “Today, builders in Haryana behave like local zamindaars because the land continues to remain under their ownership even after apartments are sold. Haryana has no directly comparable deemed conveyance mechanism if builders fail to transfer the land to apartment associations, which has contributed to long-running disputes over control of common areas and project assets,” Lal said.

To be sure, Maharashtra allows societies to seek deemed conveyance through a statutory process if developers fail to transfer land, a provision Haryana owners want adopted.

The Federation flagged delays in Deeds of Declaration, builder non-compliance, poor civic infrastructure and weak HAOA enforcement. On 18% GST on maintenance above ₹7,500, FAOA has asked the finance ministry to raise the threshold to ₹15,000 or cut the rate.

RK Jain, founder member of the Federation of Affordable Homebuyers, said the DTCP’s five-year maintenance-free policy “has not been implemented in letter and spirit”.

The Federation resolved to seek a simplified legal framework, self-governance and better protection of owners’ rights from the state government.

In response, a senior district administration official said the representation had not yet reached the administration as it was submitted over the weekend. The official added that the demands would be examined once the representation is received.