Formation of association Of allottees

(1) There shall be an association of allottees for carrying out the provisions of the Real Estate (Regulation and Development) Act, 2016 and the provisions of this Act. (2) Notwithstanding anything contained in any agreement, deed of transfer or document of any nature, it shall be the joint responsibility of the promoter and allottees to form an association of allottees if either 50 % of allottees or 7 allottees, whichever is lower, have been allotted with the apartments in a project. (3) The promoter shall enable submission of application by allottees for registration of association of allottees to the Competent Authority in the manner as may be prescribed. (4) There shall be a single association of allottees in the Project: Provided that if the project has mixed occupancy namely residential apartments, commercial units and units reserved for EWS or any other, separate association of allottees may be formed in the manner as may be prescribed: Provided further that, in every such case where separate association of allottees are proposed to be formed, the promoter shall delineate clearly the separate common areas and facilities for each of such associations; Explanation.― For the purpose of this sub-section, the expression “EWS” means a person belonging to the Economically Weaker Section of the society with the annual household income as notified by the State Government from time to time. (5) An association of allottees formed and registered under this Act shall represent all the allottees, or phase of the project, as the case may be, and shall be body corporate by the name under which it is registered having perpetual succession and a common seal and shall discharge its powers and duties and perform functions in accordance with the provisions of this Act, rules and the bye-laws made thereunder. (6) The allottee irrespective of the number of apartments booked by him or purchased in the name of his family, or in the case of other persons such as companies or firms or any association of individuals, by whatever name called, booked or purchased in its name or booked or purchased in the name of its associated entities or related enterprises, shall be considered as one member of the association of allottees and shall have one voting right. (7) The promoter shall continue to be the member in relation to an apartment not allotted or transferred, till such apartment is allotted or transferred to a person, who shall become the member of the association of allottees and on such allotment or transfer, without any further action on his part, be responsible for paying the annual maintenance charges or any other charges decided by the association of allottees. (8) The promoter shall be considered as one member of the association of allottees and shall have one voting right irrespective of the number of unsold apartments in its possession and shall cease to be the member of the association of allottees as and when it is not in possession and has transferred all the apartments in the project. (9) An allottee shall cease to be a member of the association of allottees, if,– (a) the allotment letter issued in his favour is cancelled by the promoter at any point before the execution of the deed of transfer; (b) the deed of transfer executed in his favour is terminated or cancelled by the promoter or transferee as the case may be; (c) any other ground as may be provided under the bye-laws of the association of allottees.