Noida : In a significant relief for homebuyers, the National Company Law Appellate Tribunal has directed Supertech to hand over the Agreement of Association to the AOA of the Supertech EcoCity Pavilion project within 30 days. The order aims to resolve a long-standing dispute concerning the rights of flat and plot owners in the project developed by Supertech. The tribunal observed that the failure to hand over the AOA had adversely affected the legal and administrative rights of residents. The bench made it clear that the process must be completed in full within the stipulated timeline.
What is AOA and why it matters
The Apartment Owners Association (AOA) is the legally recognised body that governs a housing society. It defines the administrative structure and operational framework of the project. It typically includes:
- Membership rules
- Administrative framework
- Property usage conditions
- Maintenance responsibilities
- Election procedures
- Rights and obligations of members
When individuals purchase a flat or plot, they are entitled to receive and be governed by the AOA. Without it, residents cannot fully participate in the management of society. The tribunal noted that in the absence of a formally handed-over AOA, the rights of owners remain incomplete and their participation in administrative decisions becomes restricted.
Clear deadline, Possible action for non-compliance
The NCLAT has instructed that the AOA must be handed over within 30 days. Any delay or non-compliance may invite strict action against the developer. The order is expected to streamline governance and bring clarity to maintenance charges, society elections and decision-making processes.
Residents welcome the order
Residents of EcoCity Pavilion expressed relief following the ruling.
“With the AOA finally being handed over, we will now have equal participation in the administration of our own project. For months, we were unable to take part in important decisions because the document was not made available to us.”
Residents of EcoCity
Several owners stated that access to the AOA will ensure transparency in maintenance fee collection, fund utilisation and policy implementation.
Background of the dispute
The EcoCity Pavilion project has faced administrative disputes in the past. The delay in handing over the AOA had led to multiple complaints and legal proceedings. Sources indicate that the delay stemmed from unresolved discussions between the developer and residents. With the appellate tribunal’s explicit directions now in place, stakeholders expect the pending formalities to be completed within the given timeframe.
Why this matters for homebuyers
The tribunal’s order reinforces the principle that homebuyers must be granted full legal and administrative rights in residential projects.
Once the AOA is formally handed over, residents will be able to:
- Participate in governance
- Monitor maintenance and funds
- Conduct transparent elections
- Address grievances formally
- Ensure accountability in project administration
The ruling is being seen as a strong affirmation of residents’ rights and could set a precedent for similar disputes in other housing projects.