The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) on September 14, 2020 has issued the draft guidelines on the formation of Resident Welfare Associations (RWAs) and Maintenance of Real Estate Projects. UP RERA had received queries, comments, and suggestions related to the formation of RWA and the Association of Allottees (AOA) and the maintenance of real estate projects. Taking cognizance of these suggestions and queries by the stakeholders, the Draft Guidelines have been prepared for the formation of Resident Welfare Associations and maintenance of real estate projects. Various provisions of the RERA Act and Rules have been taken into consideration along with the extract from the judgment of Hon’ble High Court, Allahabad in the matter of Owners Association v. State of UP & Ors.
The following are the Draft Guidelines issued:-
• After handing over the possession to the significant number of owners, the AOA can be formed and both, the promoters and the resident have roles in the formation of the Association.
• The promoter shall be responsible to provide and maintain essential services in the project on reasonable charges till the taking over of the project by AOA upon issuance of completion certification. If AOA is not formed within one year of the completion certificate, the promoter will keep on maintaining.
• The promoter is responsible for maintaining the common areas and facilities until AOA formation.
• The Promoter shall be responsible for up to five years after handing over the apartments regarding the Construction and structural defects in the building constructed by him and he shall get such defects removed at his own cost.
The comments and suggestions, if any, may be forwarded to [email protected].
[Circular No. 7910/UP RERA/40th Meeting Paper/2020-2021]
