Rera dismisses Joyville AOA plea, says registrar must decide upkeep handover row | Gurgaon News


Rera dismisses Joyville AOA plea, says registrar must decide upkeep handover row
HRera observed that both associations claimed to represent the project’s residents, and that determining their legal status required examining their registration, membership, bye-laws, elections and compliance with statutory provisions

Gurgaon: A dispute between two rival residents’ associations has stalled the proposed handover of maintenance and management of the Joyville housing project in Sector 102. Haryana Real Estate Regulatory Authority (HRera) has dismissed a complaint seeking transfer of control from the developer.In an order dated Sept 8, 2026, HRera chairman Arun Kumar held that deciding which association was legally constituted and entitled to represent residents fell within the jurisdiction of Registrar of Societies, not the authority. HRera dismissed the complaint as not maintainable and left both associations free to approach the competent registrar for adjudication.The complaint was filed by Joy Lavie Apartment Owners Association against Joyville Shapoorji Housing Pvt Ltd under Section 31 of Real Estate (Regulation and Development) Act, 2016. The association said it was registered on Sept 14, 2025, and alleged that the developer and its facility management agency, CBRE South Asia Pvt Ltd, continued to control maintenance, accounts and common areas despite the registration.It argued that the developer was required to hand over maintenance, accounts, the interest-free maintenance security (IFMS) corpus and project-related documents within 90 days of the occupation certificate, citing Section 17 of the Act and an HRera circular of Dec 6, 2018. It also alleged that the developer was trying to create a parallel, builder-sponsored association instead of recognising the registered body.The developer contested the complaint, questioning the legality of the association’s formation, its membership and the authority of its president to initiate proceedings. It said it had facilitated a transparent process for forming a residents’ association through meetings and the participation of allottees.The developer also told the authority that another body, Joyville Gurugram AOA, was registered on March 3, 2026, under registration certificate number HR-2435 of 2026. It maintained that this was the legitimate association under the project’s deed of declaration. It added that the election process initiated by the complainant association had been kept in abeyance after a challenge before the District Registrar.HRera observed that both associations claimed to represent the project’s residents, and that determining their legal status required examining their registration, membership, bye-laws, elections and compliance with statutory provisions. These questions, it said, had to be decided by the competent Registrar under the Haryana Registration and Regulation of Societies Act, 2012, and could not be adjudicated under RERA proceedings.The order does not decide which association is entitled to represent residents. By leaving the rival bodies to seek a determination from the Registrar, it prolongs the uncertainty over the proposed transfer of maintenance and management.



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