The Real Estate (Regulation and Development) Act, 2016, popularly known as RERA, has brought much-needed transparency and accountability to India’s real estate sector. For Mumbai, where high-rise apartments, redevelopment projects, and delayed handovers are common, RERA’s state chapter, MahaRERA, plays a critical role in safeguarding homebuyers and empowering Resident Welfare Associations (RWAs).

An RWA, once formed, becomes the collective voice of residents and is directly recognized under RERA. It can demand timely possession, ensure proper transfer of documents, and hold developers accountable for defects or deviations from approved plans. Understanding RERA is, therefore, essential for every RWA in Mumbai.

Why RERA matters in Mumbai

In Mumbai’s fast-changing real estate landscape, disputes between developers and residents often revolve around delayed amenities, missing occupancy certificates (OC), or incomplete common areas. RERA addresses these challenges head-on.

For example, in a well-known case in Andheri, residents were unable to access their underground parking spaces for over two years because the builder had not transferred the relevant plans. After forming an RWA and filing a MahaRERA complaint, the residents secured the garage handover, proving how effective RERA can be when RWAs are proactive.

Forming your RWA at the right time

Under Section 11(4)(e) of RERA, the association of allottees (RWA) must be formed once at least 50% of units are sold or handed over. This formation is critical because:

• It allows residents to monitor project progress and escrow usage.
• The RWA can negotiate defect corrections during the five-year liability period.
• It provides a unified front to demand amenities, safety measures, and handover of common areas.

Steps to initiate formation:

1. Check if your society meets the 50% occupancy or booking requirement.
2. Draft the bylaws in compliance with the Societies Registration Act, 1860.
3. Elect a provisional committee to handle registration and communication with the builder.
4. Register the RWA with the Registrar of Societies, Maharashtra, for legal recognition.

Key documents developers must hand over

RERA mandates developers to hand over crucial documents to RWAs within three months of OC issuance, or when the RWA is formed, whichever is earlier. These include:

• Common areas and amenities: Gardens, parking lots, gyms, clubhouses, and corridors.
• Completion and occupancy certificates (OC) issued by BMC or MHADA.
• Structural and layout plans as approved by the municipal authorities.
• Equipment warranties and maintenance manuals for lifts, DG sets, and fire systems.
• Financial records, escrow account statements, and service charge breakdowns.

In Powai, a luxury tower RWA successfully used RERA provisions to force the developer to hand over the clubhouse, which had been locked for a year after residents moved in.

Your rights as an RWA under RERA

Once registered, your RWA holds significant rights:

• Enforce defect rectification during the 5-year liability period.
• Demand a timely handover of all common areas and amenities.
• Seek compensation for delays or financial mismanagement.
• Access project and escrow details to ensure funds are being used properly.

Handling common situations

RWAs in Mumbai frequently face similar issues during handover. RERA provides clear remedies for these, as explained below:

• Developer delays garage or parking handover: If promised parking spaces or garages are delayed, the RWA can file for compensation under RERA. The complaint must be filed within two years of possession or the detection of the issue.
• Structural defects or water leakage: For five years after handover, developers are bound by the defect liability clause. RWAs should document leaks, cracks, or poor construction and demand rectification.
• Missing plan documents or shared area maps: If a builder withholds blueprints or sanctioned plans, RWAs have the right to demand them. Attaching photographic evidence strengthens any RERA complaint.
• Service utilities not activated: Developers are responsible for ensuring all services, such as water, electricity, and fire systems, are active before handover. If these remain pending, RWAs can escalate the matter to MahaRERA.

Many RWAs across Mumbai have used these provisions to secure delayed utility connections, safety certificates, and essential infrastructure like transformers and sewage systems.

Filing a complaint under MahaRERA

The correct procedure on the MahaRERA portal is as follows:

1. Register your account
   Visit the MahaRERA website and click “Online Application.” If you’re a new user, choose “New Registration” and follow the flow to create an account.
2. Log in and select “Complaint Details”
   Once logged in, go to the Complaint Details tab. Under this, you will see options such as “Add New Complaint” and “List of Complaints.”
3. Fill out Form A
   This is the standard form for RWA or individual complainants. You’ll need:
   • Project RERA registration number
   • Details of the complainant (the RWA, under your registered society)
   • Details of the respondent (usually the developer)
   • Specific facts and relief sought
   • List of enclosures, including copies of OC, sale agreements, email trails, payment receipts, etc.
4. Attach relevant documents
   Upload scanned copies of all supporting documentation: OC, society formation proof, developer correspondence, escrow statements, photos or videos, whatever strengthens your case.
5. Submit and pay the fee
   After verifying all information, submit the form and pay the prescribed fee. MahaRERA automatically notifies you and the developer by email once the complaint is registered.
6. Track the progress
   You can track the status through your online dashboard. MahaRERA issues hearings in order of filing and typically sets the first hearing within 30–60 days.

What MahaRERA can order

MahaRERA has the power to:

• Impose financial penalties or compensation (up to ₹10 lakh).
• Enforce immediate handover of property, plans, or amenities.
• Mandate the repair of defects or refund of misused funds.
• Cancel the builder’s project registration for repeated violations.

Practical tips for RWAs

• Form the association early to avoid last-minute disputes.
• Document everything: emails, photos, payment proofs.
• Engage legal experts if major deviations or financial irregularities are noticed.
• Hold monthly meetings to track pending items with the developer.

For Mumbai RWAs, understanding RERA is no longer optional, it’s critical to securing your rights, avoiding financial losses, and ensuring a smooth handover from the developer. Whether it’s claiming pending documents, enforcing defect repairs, or monitoring funds, RERA is your strongest legal ally.