Section 17 in The Punjab Apartment Ownership Act, 1995
17. Formation of association.
(1)There shall be an association, with the apartment owners as its members, for the administration of the affairs in relation to the apartments and the property and for management, maintenance and upkeep of the property, the common areas and facilities and common services:Provided that in respect of an apartment meant for sale but not yet sold, the promoter shall be an associate member of the association and, when such apartment is later on allotted, sold or otherwise transferred, the allottee shall become a member of the association and the promoter shall cease to be associate member of the association in respect of such apartment:Provided further that the formation of the association shall be without prejudice to the liability of the promoter for breach of any building regulations and the obtaining of completion and occupation certificates.(2)After obtaining occupation certificate for the building and within three months of one-third of the apartments being allotted, sold or otherwise transferred, the promoter shall make an application to the competent authority for the registration of association, with the persons who have taken apartments as members and if the promoter fails to make such application, the allottee shall make such application.(3)On receipt of the application under sub-section (2), the competent authority, after making such enquiry as it may deem fit, register the association and grant a registration certificate in such form as may be prescribed.(4)The association will be responsible for the administration and management of the property and maintenance and upkeep of the common areas and facilities and common services and the right and duties of a promoter shall devolve on the association as soon as the possession of the apartments is handed over to the apartment owners.
