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What are the duties of the apartment promoter?

As per the Karnataka Ownership Flats (Regulation of Promotion of Construction Sale, Management and Transfer) Act, 1972, the following are the duties of an apartment promoter.

A promoter, who constructs or intends to construct such a block or building of flats, shall-

a) Make a full and true disclosure of the nature of his title to the land on which the flats are constructed or are to be constructed; such a title to the land as aforesaid having been duly certified by an Advocate of not less than seven years standing;

b) Make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any party in or over such land;

c) Allow inspection on reasonable notice of the plans and specifications of the building built or to be built on the land; such plans and specifications having been approved by the local authority which he is required to do under any law for the time being in force;

d) Disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided;

e) Disclose on reasonable notice or demand if the promoter is himself the builder, the prescribed particulars such as the design and the materials to be used in the construction of the building and if the promoter is not himself the builder then should disclose on such notice or demand, all agreements (and where there is no written agreement, the details of all agreements) entered into by him with the architects and contractors regarding the design, materials and construction of the building;

f) Specify in writing the date by which possession of the flat is to be handed over;

g) Prepare and maintain a list of flats with their numbers already sold or agreed to be sold and the names and addresses of the parties and the price charged or agreed to be charged therefore, and the terms and conditions if any on which the flats are sold or agreed to be sold;

h) State in writing, the precise nature of the organization of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of person who have taken or are to take the flats ;

i) Not to allow any person to enter into possession until a completion certificate where such certificate is required to be given under any law, is duly given to the local authority;

j) Make a full and true disclosure of all outgoings (including ground rent if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest on any mortgage or other encumbrances, if any)

k) Make a full and true disclosure of such other information and documents in such a manner as may be prescribed and give on demand true copies of such documents referred to in any of the clauses of this sub-section and may be prescribed only on payment of reasonable charge.

FAQ

A person is having more than one flat in a building. Is his voting rights in proportion to his stake?

Ours is a registered Association (Societies Act)  and we are collecting the maintenance charges equally irrespective of the fact whether it is a two or three bed room flat or of the UDS area. 
This decision is taken in our G.B. Meeting because of the fact that the maintenance is collected for keeping the Security personnel, cleaning and lighting the common area, purchase of water when yield from bore wells are not sufficient and pumping water from bore well to sump and from sump to OH tank. 
We are providing 24 hours uninterrupted water supply. We wish to know whether any mention is made in the act regarding collection of maintenance charges.


The legal grounds under which a defaulting tenant can be vacated: is that if any tenant   guilty of an act or conduct which is nuisance to other occupiers of the portions in the same building or buildings in the neighbourhood can be forced  to vacate as per prevailing law.
In our case, one among eight owners (residents) is willfully creating a nuisance by the way of additional burden to remaining residents (owners or their tenants) by not sharing the expenses towards common facilities but continuing to enjoy all the common facilities.


Can the Customer, after executing agreement, by a simple letter authorize the Company to present the same for registration before registrar?

In case of non compliance of the provisions of this Act, what are the consequences?

Whether the Karnataka Apartment Ownership Flats( Regulation of the Promotion of constructions, sale and management and Transfer) Act, 1972 is in force ?

For what purposes housing loan can be availed?

What is defect liability period? What do you mean by guarantee and warranty period?

When the builder will hand over the project to the owners association and what documents builders are supposed to give?

When a project is called a “Completed Project”?