Introduction: The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 is one of the most progressive laws on apartment ownership which clearly demarcates the right, duties, and obligations of the Builder, Buyer and the Development Authorities w.r.t. to construction, ownership and maintenance of an apartment in a group housing and also the … Read more
Introduction A Group of persons may form an association and give it a formal structure by registering it as a society under the Societies Registration Act, 1860. Under different statutes associations are mandatorily to be formed and be registered as a society. Such association are often referred as statutory associations. The affairs of such statutory … Read more
This article is specific to laws in Uttar Pradesh and also has a video presentation | Download eManual on Apartment Introduction As per the information available on the Website of U.P. RERA there are around 2800 registered Group Housing projects. Similarly, by an estimation, there would be around equal or more number of already existing … Read more
This article is specific to law in Uttar Pradesh and has a video presentation | Download eManual on Apartment Introduction The declaration is defined in Section 3 (m) of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 to mean declaration referred to in Section 12 of the said Act. The contents of declaration … Read more
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
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
Download UP Apartment laws eManual Registration of an association of apartment owners is important for the uninterrupted maintenance of any housing society. It provides a platform to the apartment owners to raise their grievance regarding any issue in the society. Uttar Pradesh government has made it compulsory to register an Apartment Owners Association (hereinafter referred … 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.