Section 89 in The Delhi Co-operative Societies Rules, 2007
89. Right and privileges of members on allotment of plot or dwelling unit in a cooperative housing society.
(1)A member of the co-operative housing society shall not be entitled to any interest in any plot of land or dwelling unit unless he has made full payment towards the cost of such plot or dwelling unit as may be finally apportioned by the co-operative housing society.(2)Every member of a co-operative housing society in accordance with the provisions of section 77 shall be issued a Certificate of Allotment by the committee of the cooperative housing society under its seal and signature of president and secretary in Form- 14 in case of (plot or housing) and in Form - 15 in case of group housing accompanying a garage or parking area, servant quarter and shop etc., as provided in subsection (1) and subsection(5) of section 76 of the Act within a period of ninety days of conduct of draw of lots by passing a resolution to this effect.(3)In case of circumstances beyond control, further extension of period upto sixty days can be obtained from the Registrar after explaining the reasons in writing before the expiry of period ninety days prescribed in sub-rule(2):Provided, that, if co-operative housing society fails to comply the provisions of section 76 of the Act, the Registrar may get the work completed by engaging professional at the expenses and cost of the members of the committee, who have failed to implement the said provisions and the amount shall be recovered from such committee members as an arrears of Land Revenue under section 110 of the Act.(4)The committee shall charge the entire cost of the flat or plot alongwith garage or parking area, servants quarter and shop etc., before allotment of the same.(5)It shall be the responsibility of the committee to ensure that the concerned local body is informed timely about any unauthorized constructions or encroachment within the common areas.(6)The committee shall take all legal steps to remove the encroachment and unauthorized construction in the common areas of complex of the co-operative society.(7)Save as otherwise provided in the Act, the cost of maintenance, repair and replacement in the common areas and facilities shall be apportioned amongst the members, the power of attorney holders and holders of conveyance deed whoever may be having occupancy rights of the plot or flat or garage etc.Explanation. - "Common areas and facilities," in relation to a multi-storeyed building, means:-(a)The land on which such building is located and all easements, rights and appurtenances belonging to the land and the building;(b)The foundations, columns, girders, beams, supports, main walls, roof, halls, corridors, lobbies, stairs, stairways, fire escapes and entrances and exits of the building;(c)The basements, cellars, yards, gardens, parking areas, shopping centers, schools and storage spaces;(d)The premises for the lodging of janitors or persons employed for the management of the co-operative society.(e)Installation of central services, such as, power, light, gas, hot and cold water, heating refrigeration, air conditioning, incinerating and sewerage;(f)The elevators, tanks, pumps, motors, fans compressors, ducts and in general all apparatus and installations existing for common use;(g)Such other community and commercial facilities as the Registrar may, declare; and(h)All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use.
