Source: TOI (09-04-2013 / Pg: 9)
GURGAON: The department of town and country planning (DTCP) has directed as many as 35 builders in Gurgaon to hand over the maintenance of apartments and condominiums to their residents' welfare associations (RWAs).
Till recently, the builders in Gurgaon were reluctant in handing over the control of maintenance and other functions to the RWAs, but now they are left with no other option but to exit.
In many apartments and condominiums, the RWAs have dragged the builders to consumer forums and courts seeking complete control of maintenance work. The latest directives of the DTCP will further boost the morale of the RWAs in demanding their rights.
The maintenance work of these residential areas must be handed over to the RWAs under the provision of the Haryana Ownership Act 1983.
A senior DTCP official said that after the registration of Deed of Declaration (DoD), the administration of that part of the condominium for which occupational certificate has been granted is to be transferred to the board of managers of the residents' association of all flat or apartment owners.
In the directive, the DTCP has stated that in many condominiums the DoD has been executed and registered but the administration is still being run by the builders or the agency nominated by the builders which is totally against the spirit of the Apartment Ownership Act 1983.
In Gurgaon the DTCP official said that many condominiums have been issued completion/ occupational certificates has been granted. In the fresh directive, the DTCP has stated that the builders should not have any misgivings that administration is to be handed over to RWA only after the grant of completion certificate. In Gurgaon, so far only three RWAs have managed to take over maintenance of the colonies. The recent takeover by Palam Vihar RWA was amicable.
Commenting on the recent circular, a builder having projects in Gurgaon said: "It does not leave much room for builders to retain the maintenance of the condominiums and group housing societies in Gurgaon. The DTCP must play a greater role in the smooth transition of maintenance or administration from builders to RWAs."
He added that to iron out differences between the RWA and the colonizer, the DTCP should come out with standard operating procedure for making the transition constructive. "The RWA must not insist on absolutely new DG sets or cables, redoing of the club, swimming pool and other facilities before taking over the administration of the townships or condominiums," said the builder.
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