(1) It shall be responsibility of the
builder or the developer together with the owners of the units of
the complex, to set up a resident's association, as soon as the
complex is ready for occupancy, for the maintenance of the
complex. The other responsibilities of the builder shall be –
(i) to disclose the details of common facilities,
including parking spaces for owners and residents,
at the time of applying for permission for
construction;
(ii) to constitute a corpus fund for maintenance of the
complex and handover the same to the association,
as soon as it becomes operational ;
(iii) to hand over security, common facilities provided in
the building and their maintenance to the
association, as soon as it becomes operational; and
(iv) to hand over the following documents to the
association:-
(a) copy of approved building plan and the
letter granting permission for the
construction of the complex;
(b) copies of warranty documents for lift, water
supply equipment, generator or any other important equipment installed in the
building;
(c) copy of agreement, if any, with the owner of
the land; and
(d) designs of sewerage and water supply
installed in the building.
(2) The Municipality shall not issue completion certificate
until the formalities mentioned in sub-section (1) have not been
completed by the builder or developer.
Explanation.-For the purpose of this section-
(i) ―owner‖ means the owner of the land on
which the complex has been constructed
and includes a person who has purchased a
unit in the complex, through a registered
deed;
(ii) ―resident‖ means a person who is, for the
time being, in occupation of the unit under
any arrangement with the owner or the
builder;
(iii) ―residents' association‖, means an
association of the owners and residents of
any complex set up to maintain the
complex, registered under the relevant law
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