Short Answer

Yes, the society needs to register itself as an association of allottees to approach the appellate tribunal.

Detailed Explanation

Rule 2(1)(a) of the Gujarat RERA Rules, 2017 defines an "association of allottees" as any voluntary association of allottees of real estate projects registered under Section 3 of the Real Estate (Regulation and Development) Act, 2016. This registration is mandatory for such associations to file complaints with the Real Estate Appellate Tribunal under Section 43 of the RERA Act.

In practice, this means that if a cooperative society wishes to approach the appellate tribunal regarding builder delays or any other RERA-related complaints, it must first ensure that it is registered as an association of allottees under the RERA Act. This registration provides the society with the legal standing to represent the interests of its members collectively and seek redressal through the appellate tribunal.

For example, if a cooperative housing society is facing significant delays in the completion of a real estate project by the builder, and the members wish to file a complaint with the appellate tribunal under RERA, they must first register themselves as an association of allottees as per the provisions of the Act. Without this registration, the society may not have the necessary legal standing to approach the tribunal for resolution.

In practical terms, the step-by-step process for the society would involve gathering the required documentation, submitting an application for registration as an association of allottees to the RERA authority, and ensuring compliance with any additional requirements specified under the Act and Rules. Once registered, the society can then proceed to file complaints with the appellate tribunal as needed.

Reference

• Gujarat RERA Rules, 2017: https://gujrera.gujarat.gov.in/