Question: What is the Meaning of Association of Allotee as per Sec 31 of RERA. Is it a mandatory requirement that Association formed by Allotees needs to be registered under any law to be able to file a complaint in RERA? Or The Association of Allotees can file complaint without the need to get registered in any law.
The term “Association of Allotees” is defined under Section 2(ja) of the Real Estate (Regulation and Development) Act, 2016 (RERA). As per this section, the “Association of Allotees” means an association of the allotees of a real estate project, formed for the purpose of protecting the interests of the allotees in the real estate project, and to ensure that the builder or developer complies with the obligations under the Act and the rules and regulations made thereunder.
Section 31 of the RERA provides for the formation of an Association of Allotees. It states that the promoter (i.e. builder or developer) shall facilitate the formation of an Association of Allotees within three months from the date of the majority of allottees have booked their units in the real estate project. The Association of Allotees shall be formed for the purpose of representing the collective interests of the allotees of the real estate project.
The Association of Allotees plays an important role in ensuring that the builder or developer complies with the obligations under the RERA. It can take action against the builder or developer if there is any violation of the provisions of the Act, and it can also represent the allotees in any legal proceedings against the builder or developer.
Is it mandatory that Association of Allotee as per Sec 31 of RERA must be registered?
Yes, it is mandatory for the Association of Allotees to be registered under Section 3 of the RERA. Section 3 of the RERA requires the promoter (builder or developer) to apply for registration of the real estate project with the Real Estate Regulatory Authority (RERA) of the concerned state. As a part of the registration process, the promoter is required to provide details of the Association of Allotees formed under Section 31 of the Act.
Once the Association of Allotees is formed, it is required to be registered with the RERA within three months from the date of its formation. The registration process involves submitting an application to the RERA along with the required documents, such as the bye-laws of the Association, details of the office-bearers, and the minutes of the meeting in which the Association was formed.
Registration of the Association of Allotees is important as it provides legal recognition to the Association and enables it to function effectively in protecting the interests of the allotees of the real estate project. It also enables the RERA to monitor the activities of the Association and ensure that it is functioning in accordance with the provisions of the RERA.
