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Noida to list housing societies facing problems in electing residents’ body

The ACEO is likely to take help from planning and group housing departments to select troubled apartment complexes. Once the list is prepared, the authority will address their issues one by one.

noida Updated: Jul 20, 2017 23:52 IST
Vinod Rajput
Vinod Rajput
Hindustan Times
apartment owners’ association,Amit Mohan Prasad,Noida authority
On June 21, the authority directed Omaxe to hand over maintenance to the elected AOA, but Omaxe still hasn’t handed over the maintenance. (Sunil Ghosh/HT Photo)

The Noida authority has decided to draw up a list of all apartment complexes in which builders are showing reluctance in handing over the maintenance of common areas to the elected apartment owners’ association (AOA). The authority said it wants to address such issues.

“I have appointed additional chief executive officer (ACEO) Atal Kumar Rai to conduct a survey and draw up a list of apartment complexes where builders are harassing residents and flouting laid down norms. The authority will play its role as per the UP Apartment Act and address issues to provide relief to residents,” said Amit Mohan Prasad, chief executive officer, Noida authority.

The ACEO is likely to take help from planning and group housing departments to select troubled apartment complexes. Once the list is prepared, the authority will address their issues one by one.

“We will take strict action against builders found to have flouted norms in AOA elections and in handing over maintenance,” said Prasad.

Builders in many apartment complexes do not transfer maintenance of common areas to AOAs, flouting provisions of the Uttar Pradesh Apartment Act, 2010. As a result, residents have to pay hefty maintenance charges to builders in return for poor services.

When a buyer purchases a flat, a maintenance charge is paid to the builder. If an AOA is formed and handed over maintenance duties, the builder will also have to hand over the maintenance amount collected from buyers to them, something many builders are reluctant to do.

“As per the amendments in the UP Apartment Act, 2010 in April 2017, a builder is liable to call the first general body meeting of residents to elect an AOA in a project where registries of 60% of the flats have been executed. Subsequently, the builder has to transfer the maintenance of common areas to AOA so that residents can handle civic work inside the apartment complex on their own. But, builders have a tendency not to hand over the maintenance to make easy money,” said Alok Kumar, patron, Federation of Association of Apartment Owners (Fed-AOA), Ghaziabad and a social activist.

There are around 50 apartment complexes in Noida where builders have not handed over maintenance to elected AOAs or are not letting the residents elect an AOA. Until now, the authority had not shown any inclination to address this issue.

PVS Prakash, secretary, AOA at Grand Omaxe society in Sector 93B, said, “The authority used to avoid the issue by saying that the matter is between the builder and the buyer and it cannot intervene. But this year it called us and the builder for a meeting.”

“On June 21, the authority directed Omaxe to hand over maintenance to the elected AOA, but Omaxe still hasn’t handed over maintenance because it wants to earn money on a monthly basis from residents. The builder is also not handing over the Rs12 crore interest-free maintenance security (IFMS) amount collected,” Prakash said.

Residents were able to elect their AOA in Omaxe Grand only after the Allahabad high court directed for the same.

“As per the Apartment Act, if the builder does not elect an AOA, the competent authority concerned can give residents permission to hold the election,” said Kumar.

However, the Grand Omaxe spokesperson said, “The AOA has not taken charge in a proper way. If they do it in the right manner, we will transfer whatever amount is due as per the norm. In our meeting at the Noida authority, we have offered them to sign an agreement that will have modalities, including IFMS. But they have not come forward (to do so) till date.”

First Published: Jul 20, 2017 23:52 IST