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Maken promises relief for apartment owners

Staff Reporter

"Managements of all group housing societies to be handed over to Apartment Owners' Associations"

NEW DELHI: In a move that might make life easier for over two million residents of apartments across the Capital, Union Minister of State for Urban Development Ajay Maken has stated that he would soon get directions issued to the managements of all cooperative group housing societies to hand over charge to Apartment Owners' Associations, wherever they have been formed, and in due course this would be extended to all multi-storied complexes. He also promised penalty provisions in the Delhi Apartment Ownership Act.

Speaking on "The Impact of the Delhi Apartment Ownership Act, 1986, on Multi-Storied Complexes" here over the weekend, the Minister said the rights of the people should not be ignored in favour of revenue extraction. He also denounced the practice of linking freehold conversion of flats to the issue of membership and voting rights.

Expressing the view that residents of apartments irrespective of being general power of attorney (GPA) holders or original allottees have equal rights and stake in development and management of their housing complex, the Minister said he would ensure that their rights were not encroached upon on whimsical grounds.

The talk was organised by the Delhi Residents' Front in association with non-government organisation Parivartan. Front president Sanjiv Kumar said more than 50 per cent of Delhi's population lives in flats in cooperative complexes promoted by group housing societies, the Delhi Development Authority or private builders.

Though most of these flats have subsequently been purchased by third parties on GPA, he lamented that the DAO Act which had been enacted by Parliament in 1986 to confer full ownership rights on people had been dumped by the authorities and about 45 lakh people continued to be deprived of their rights.

"More than 24 lakh ordinary people who had purchased apartments in multi-storeyed in cooperative group housing societies are governed by the Delhi Cooperative Societies Act, 2003, but are denied the democratic right of voting, of participating in the development of their complex, and of being treated as equal residents. They were offered these rights on conditions of freehold conversion of their respective apartments and on subsequent payment of transfer fees," Mr Kumar pointed out.

With the residents of other housing complexes promoted by DDA and private builders faced with similar problems like formation of multiple welfare associations with clash of interests, not having the legal powers to manage and maintain the housing complexes in addition to burden of freehold conversion of flats and so on, Mr. Kumar demanded that power be handed over to the Apartment Owners' Associations (AOAs) under the DAO Act, 1986.

Senior Supreme Court advocate Rajesh Tyagi clarified that all those who have acquired an apartment in Delhi can automatically become members of their respective Apartment Owners' Associations, wherever these are formed, and acquire all rights at par with others -- of voting, voicing concerns, participating in elections and getting elected to the Boards of Management -- by simply paying a one-time nominal membership fee of Rs.100.

"There is no need for them to convert their apartments to freehold," Mr Tyagi said, adding that "these Associations, wherever they came in to existence, have already taken over the management and administration of their respective complexes, this being the objective of the DAO Act, 1986."

With more and more such associations being formed in various parts of Delhi, he said, the only thing that is required is the necessary direction from the Ministry of Urban Development to the group housing regime to hand over the charge to the AOA.

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