State Act

RAJASTHAN MUNICIPALITIES ACT,2009

195. Maintenance of apartment complexes by association of residents.- (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.