The Bhubaneswar Development Authority (BDA) has issued a show-cause notice to the Vipul Gardens Residents’ Welfare Association for allegedly violating the norms of the Odisha Apartment (Ownership and Management) Act 2023. The association has been asked not to hold elections for its office-bearers until the matter is resolved.
BDA’s Show Cause Notice:
The BDA has written a letter to the president and secretary of the Vipul Gardens Residents’ Welfare Association, stating that various provisions of the prescribed bylaws of the new Apartment Ownership Act were modified at the time of submission of the form for registration of the association of allottees of the project. The BDA has asked the association to comply with the norms within 15 days and explain why appropriate action should not be initiated for the modifications.
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Violations of Bylaws:
Sources reveal that while the prescribed bylaws give power to apartment owners to delegate power to vote in their absence, the BDA found this clause to have been omitted in the Vipul Gardens Residents’ Welfare Association’s bylaws. The BDA also found other modifications in the association’s bylaws that violate the norms of the Odisha Apartment (Ownership and Management) Act 2023.
RERA Activists’ Opinion:
RERA activists say that the Odisha Apartment (Ownership and Management) Act 2023 has been brought into force to safeguard the interests of homebuyers. Associations must understand their responsibility while seeking registration for their association of allottees. They must comply with the norms of the Act and ensure that the bylaws are not modified to violate the provisions of the Act.
Implications of Bylaw Violations:
Violating the norms of the Odisha Apartment (Ownership and Management) Act 2023 can have serious implications for associations and their members. It can result in penalties, legal action, and even the dissolution of the association. Associations need to comply with the norms of the Act and ensure that their bylaws are by the provisions of the Act.
Conclusion:
The Bhubaneswar Development Authority show cause notice to the Vipul Gardens Residents’ Welfare Association serves as a reminder to all associations to comply with the norms of the Odisha Apartment (Ownership and Management) Act 2023. Associations need to ensure that their bylaws are by the provisions of the Act to avoid any legal hassles in the future.
