Frequently Asked Questions (Updated on 10th February 2021)
Q1. What is Jaypee Sports City Welfare Society?
A. Jaypee Sports City Welfare Society (henceforth referred to as JPSCWS) is a registered society under Societies Registration Act 1860 and further amendments and rules made by UP Government. It is a group of people who are homebuyers of following projects all located within Jaypee Sports City, Yamuna Expressway, Gautam Buddha Nagar:
Kassia, The Kove, Buddha Circuit Studios 1, Country Homes 1
Country Homes 2, Greencrest Homes, Krowns Plots,
Sportsville, Villa Expanza, The Bougainvilleas
Q2. Why was JPSCWS formed and by whom?
A. JPSCWS was formed by 9 home buyers of different projects in Jaypee Sports City at a time when home buyers of Sports City projects has been struggling at various forums, groups, courts to seek justice for their delayed projects. In Feb/March 2020 allotment of Land at which these projects are build and to be developed was cancelled, which led to a litigation between JAL and YEIDA and a group of home buyers impleaded in the petition so as for court to hear their concerns and keep them in mind and give justice. At this point many home buyers suggested to form a society to make it easier to collect documentation and funding for expenses required for representing them for their welfare, as society will give them a legal entity for better representation. Thus JPSCWS was formed and we are accepting new members who firmly believe in our aims and objectives.
Q3. What is the purpose of the society.
A. The purpose of the society is to carry out activities for welfare of its members with the objective of getting the flats/plots delivered as soon as possible and do everything possible for welfare for all, be it for flat buyers or plot buyers. These actvities shall be in line with its legally authorised objectives with consent of its members.
Q4. If the purpose of the society is to file and pursue legal cases against JAL and or YEIDA or any other concerned party for welfare of its members, why is it not mentioned in the bylaws?
A. Societies Registration Act 1860, defines as to for what objectives Societies can be formed which has a list of items however “Forming a society just for filing legal cases” is not one of them. Objectives had to be in line with Societies Registration Act 1860 in order to get the society registered with welfare of its members in mind.
Q5. Under which Act of law is the society registered?
A. The society is registered under the Societies Registration Act of 1860 and rules thereafter amended and updated by Government of Uttar Pradesh from time to time.
Q6. Once the apartments and houses are built in Jaypee Sports City, will this society automatically take care of affairs of those apartments like upkeep of building, security, maintenance etc.
A. As JPSCWS is not society registered under Apartment Owners Act or Group Housing Societies Act, it can not automatically take care of affairs of any building apartments or houses. Residents of each project in Jaypee Sports City will have to form and register their own associations under UP Apartments Act to regulate and maintain the affairs of residents of that building/project.
Q7. Will every property buyer of Sports City automatically come under the ambit of JPSCWS society and have to follow its rules and pay maintenance?
A. To become a member, you have to apply for its membership on its prescribed form and by submitting required documents and then approved by its governing body through a formal procedure. Once you are a confirmed member then only you are obliged to follow society’s bye laws. No one shall become member of society just by virtue of being a home buyer in Jaypee Sports City.
Q8. If I join the society, would the society have rights to sell/dispose of my property?
A. Society has no legal right over the property of its members and can not sell or lease their properties. This is not a Group Housing Society and shall not own or manage affairs of residential properties.
Q9. Is this society similar in nature to a Residents’ Welfare Association (RWA) of an apartment and can it exercise powers of RWA?
A. We are not a Resident Welfare Association (RWA) in nature or legally because RWAs get registered under UP Apartments Act whereas we are registered under Societies Registration Act for welfare and charitable purposes. We can’t and won’t exercise powers similar to RWAs.
Q10. What will be the role of the association in case JAL is referred to IBC?
A. Association doesn’t vote and neither is mandated under law to vote on behalf of Members.
Each Member (Homebuyer) is given a particular percentage of vote based on his filling of Claim Form and he himself has to Vote Only. It is only after All Claim Forms are scrutinized by the IRP / RP that COC is formed. Like in Elections, you cannot vote for your family member, the same rules apply here as well.
Association role is limited to Advisory Position Only. Association can only advise its members on how to vote – Yes or No – For a particular resolution citing the rationale behind it. But CAN’T Vote on behalf of its members. Each member has to vote himself only on every resolution.
Q11. What will be the tenure of Governing Body/Association committee members?
A. As per byelaws of the Society, presently Governing Body has tenure of 3 years.
Q12. I would want part of byelaws or objectives of society to be changed, how can I do so?
A. Only members of society can bring such proposal at meeting of general body and to be adopted by 2/3rd majority.
Q13. If I become a member of society and later do not agree with something, even if approved by majority of members, what are my options?
A. If unfortunately such situation comes, you can resign from membership of society by submitting your resignation withdrawing your membership describing the reason. You will cease to be a member and any acts or rules shall not be applicable on you.
Q14. What is Financial Year of Society and how is membership fee collected on annual basis?
A. Financial year of society is from April to March for accounting purposes and members are accepted/admitted through out the year and members pay fee for each FY irrespective of their joining dates.
Q15. Why does society needs so many documents for admission to society?
A. Governing body needs to ensure that members qualify eligibility of society membership and does due diligence toward KYC
Following are documents required and justification
1. Any proof of allotment of unit in projects in sports city. Allotment Letter, Statement of Account, Payment Receipts etc.
2. Any one Photo ID Documents – To verify details and identity of members.
Governing body is responsible for ensuring proper and necessary KYC of its members and also to safeguard the information collected from its members.
Q16. Why isn’t there separate society for each project ?
A. At present our purpose and whole sole objective is to secure interest of all flat and plot buyers by development of overall project. Individual Residents Welfare Associations will only be useful and practical, once the projects are developed and possession is given, at that time RWAs for each project can be formed under UP Apartment Act and as per its model byelaws. Till we have to fight legal cases for the project, it is best to remain united at single platform and present ourselves in large numbers in front of courts and authorities. Fighting from single platform of different issues of each project, whether it is flats or plots, is also economical in terms of legal expenses, else each society will have its own lawyers and multiplying the spend by each project.
Once the projects are developed and handed over individual RWAs can be formed to takeover the welfare and maintenance of its own residential units/projects, and main JPSCWS shall be dissolved, distributing its leftover funds to these new RWAs in proportionate to its members of each project and their contributions.