This article is specific to the law in Uttar Pradesh. The article has a video presentation. | Download eManual on Apartment Introduction The U.P. Government enacted U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, (“2010 Act)”Statement of Objects and Reasons whereof are: “Housing is a basic human necessity and the quality of … Read more
This article discusses the legal position specific to Uttar Pradesh. The article is also published as Legal Opinion: How to recover IFMS from builder? – NOFAA on website of NOFAA Watch the video on this topic or read the article below. | Download eManual on Apartment Introduction It has become a very common problem that … Read more
The above question is asked many a time during elections of apartment owners associations in group housing societies in Noida and Ghaziabad. As per the Model Bye-laws under the U.P. Apartment Act, only apartment owners can be members of the association of apartment owners. Download UP Apartment laws eManual Who is an apartment owner? As … Read more
Download UP Apartment laws eManual When it comes to the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 (“the Act”) then the case titled M/s Designarch Infrastructure Pvt. Ltd. & Anr. v. Vice-Chairman, Ghaziabad Development Authority & Ors. is the landmark authority so far. Below is the summary conclusion of the judgment. It … Read more
The law i.e. the Uttar Pradesh Apartment (promotion of construction ownership and Maintenance) Act 2010 mandates that it shall be the joint responsibility of the builder/ promoter and the apartment owners to form the association, however, in practice the builders are most reluctant to form an association of apartment owners as same will take away the right to manage the common areas and facilities and money collected for that. Under such circumstances when the builder is not forming the association of apartment owners then the buyer can form the AOA on their own. The article has a youtube video presentation.