BUILDER’S HANDOVER PROCESS
The date of handover from builder to
the registered owners association is an important day for new apartment owners
and all residents. It has to be taken seriously and detailed due diligence must
be done when interacting with the builders during this handover process. Once
the formal handover to the Owners Association is completed, the onus is on the
association to run the affairs of the society and to ensure its smooth
functioning. The association must be prepared for this day for 3+ months leading
to this event.
It is recommended that owners
collaboratively engage with the builder right from late construction stages
that will help them to take-up this responsibility in future. The builders can
also reach out to representatives from the owners group to assist in the
selection of maintenance agency which prepares them for the handover process.
Based on our experience in
interacting with various builders and associations, we have collated a check
list that associations can use when in dialogue with the builder on the
handover process:
1. Get approved building plan which
includes block-wise and floor-wise details
2. Collect the Completion
Certificate which ensures adherence of the approved plan
3. No Objection certificates from
pollution, fire, water and electricity authorities
4. Hard copy and soft copy (in CD)
of all approved engineering drawings; look for approval seal on the drawings
5. Registration and parent documents
6. Drainage, sewage, Fire protection
and common area power layout drawings
7. Car parking layout drawings (with
numbering)
8. Asset Inventory of all movable
and immovable equipment purchased; numbered in order (list needs to be
exhaustive)
9. Record of recent service history
on key equipment’s like lifts, DG sets, STP and WTP
10. AMC and warranty details;
Original bills of equipment purchased (motors, Sewage and Water Treatment
Plant, Generators, Gym items like treadmill)
11. Lift license details and next
renewal date
12. STP/WTP vendor details, plant
layout, operation manual and drawings
13. Receipts of property,
electricity and water payments paid
14. Handover of corpus amount to the
association
15. Share recent expenses incurred
on various maintenance activities and account heads; will assist to budget
coming year (staff salaries, purchase of cleaning material, swimming pool
maintenance etc)
16.Contract signed with maintenance
agency; agreed SLAs
17. Insurance taken for assets and
third party lift insurance
18. Audited account statement at the
time of handover
19. Arrange for introductory meeting
with important suppliers and vendors
BUILDER-NON COOPERATION CO-OPERATIVE HOUSING SOCIETY
If builder/promoter procrastinate in
registering the Co-operative Housing Society, then in that case, the
application for registration of society be submitted in Form 6 (Rule 12) before
the authorized officer (District Dy. Registrar in the respective district, who
have given power under Section 10(1) of the Maharashtra Ownership Flats Act
1963 (For making regulation for encouraging their constructions, their sale,
management and transfer).
While submitting the said proposal,
following documents are Necessary.
- 7/12 extract of the
land or property card.
- Competent Authority
Certificate regarding non-Agricultural land.
- Order regarding
applicable/non-applicable Land ceiling Act Map of the construction
approved by the competent authority.
- Letter of given
permission for construction.
- Completion certificate
of Construction.
- Development Agreement
if the land is taken for development.
- Power of Authority
letter of the Land.
- Copy of the Title
search Report.
- Agreement copy of the
flat purchased.
- Architect certificate
regarding construction.
- List of the Members.
- Scheme of the Society.
- Application regarding
reservation of Name.
- Minimum 10 Members
shall necessary for the registration of the Society.
- Application for
registration of Society (A Form)
- Table containing
information of the society (B Form)
- Table containing
information of the members (C Form)
- Statement of Accounts
of the members (D Form)
- Notarized guarantee
letter of the chief promoter of society on the stamp paper of Rs. 100/-
- Notarized Indemnity
Bond of the members who applied for the registration of society on the
stamp paper of Rs. 200/-
- Affidavit of the
Members (Minimum 10 promoters’ Affidavit)
- Two copies of bye laws
approved by the Commissioner, Co-operation and Registrar, Maharashtra
State, Pune.
- Bank balance statement
of the promoter members who have deposited Rs.500/- each as a share and
admission fee Rs.100/- in District
- Central Co-operative
Bank after getting sanction for the reservation of name in district of
Rs.2500/- paid as society Registration fee in the Government Treasure.
The proposal submitted after
fulfillment of above mentioned documents, the competent authority by taking
hearing, issued orders to the concerned officer for registering the society. The scrutiny of the registration proposal submitted after
fulfillment of documents as mentioned above and criterion will be done after
taking into consideration the instructions in the circular/ directives
regarding registration issued by the Government/ Commissioner, Co-operation. It
is obligatory on the concerned Registrar to make registration by considering
various provisions in the Act and Rules and instructions given in the
circular/ directives.