The Federation of Apartment Owners...

Presents By

The Federation of Apartment Owners AssociationOf

Ghaziabad

WORKSHOP

Website: www.fedaoagzb.com

for

Judgment Delivered by Hon’ble Allahabad High Court on

U.P Apartment Act 2010

December 10, 2014

The Hon’ble High Court while hearing 4 writ petitions was appraised of

the misinterpretation and rampant violation of the provisions of U.P.

Apartment Act 2010 even after 3 years of its enactment by Competent

Authority, Builder/Promoter, Associations and Residents alike.

The Judgment was pronounced on 14.11.2013 interpreting and

OVERVIEW

The Judgment was pronounced on 14.11.2013 interpreting and

clarifying the provisions of the U.P. Apartment Act, 2010, the U.P.

Apartment Rules, 2011 and the Model Bye Laws, 2011.

“U.P. Apartment Act/Rule 2013 has been read down by the Hon’ble

Allahabad High Court which will made it impossible for anyone to

deny the application of the Act in societies having more than 3

apartment. This will benefit the existing apartment owners on the one

hand and will also help the new buyers from being mislead by the

seller”.

December 10, 2014Website: www.fedaoagzb.com

� Apartment Owners and theirAssociation set to benefit the most.

� Competent Authority and Dy. Registrar provided guidelines to

implement the Act without any delay.

� Promoters & Builders directed to form Association, submit

OVERVIEW

� Promoters & Builders directed to form Association, submit

declaration, obtain Completion Certificate and execute Deed of

Apartment or face action.

December 10, 2014Website: www.fedaoagzb.com

InterpretationsInterpretations andand ClarificationsClarifications ofof thethe UU..PP.. ApartmentApartment ActAct 20102010

byby HighHigh CourtCourt..

� The U.P. Apartment Act, 2010, which has come into force w.e.f.

19.3.2010 is applicable to all the buildings, which have three or

more than three apartments intended for any type of independent use

KEY RULINGS


more than three apartments intended for any type of independent use

including enclosed spaces located on one or more floors to be used

for residential or official purposes or for the purpose of practising

any profession or for carrying on any occupation, trade or business,

excluding shopping malls and multiplexes.

� The society shall allow the owners or his nominee (which may

include family member or lawful tenants) to vote and participate in

the election of board of association.

December 10, 2014

� Each of the chapters are independent and that the rights and

liabilities under these chapters can be enforced independently unless

these are essentially depending upon rights and liabilities in other

chapters subject to Chapter VIII 'Miscellaneous' with the ultimate

control of the State Government of which directions have to be

carried out by the competent authority.

KEY RULINGS


carried out by the competent authority.

� The society shall allow the owners or his nominee (which may

include family member or lawful tenants) to vote and participate in

the election of board of association.

� Percentage of undivided interest under sub-section (3) (a) in the

common areas and facilities shall have a permanent character, and

shall not be altered without the written consent of all the apartment

owners and approval of the competent authority, and which shall not

be separated from the apartment to which it pertains.

December 10, 2014

� The ‘limited common areas and facilities’, which are specified in

writing by the promoter before the allotment, sale or other transfer of

any apartment as reserved for use of certain apartment or apartments

to the exclusion of the other apartments as defined.

� The ‘independent areas’, which have been declared but not included


� The ‘independent areas’, which have been declared but not included

as common areas for joint use of apartments, and which may be sold

by the promoter without the interference of other apartment owners

under Section 3 (p), must be clearly defined and delineated in the

declaration.

� The association of apartment owners is to be registered by the

Registrar, Deputy Registrar or Sub- Registrar under the Societies

Registration Act as amended in the State of U.P.

December 10, 2014

� If bye-laws are inconformity with the model byelaws as notified on

16.11.2011, the Registrar/ Deputy Registrar/ Sub- Registrar cannot

refuse to register association on the ground that it contains less than

minimum number of members of the society under the Societies

Registration Act or that it does not comply with any of the provisions

of the Societies Registration Act as amended in the State of U.P.


of the Societies Registration Act as amended in the State of U.P.

� Amendment (in model Bye-law) has to be in consonance with the

U.P. Apartment Act, 2010 and the U.P. Apartment Rules, 2011.

� The Registrar/ Deputy Registrar/ Sub Registrar shall not refuse to

register the association, if the promoter does not join even after one

month’s notice given by the apartment owners or 33% of the

apartment owners, whichever is more.

December 10, 2014

� The completion of all infrastructure services and completion

certificate from local authority will not be a ground to deny the

registration, as the issuance of completion certificate depends on the

steps to be taken by the promoter.

� Promoter failing to obtain the ‘completion certificate’ will invite the


� Promoter failing to obtain the ‘completion certificate’ will invite the

punishment for the offence as prescribed under Section 25 of the Act

including the punishment of imprisonment under Section 25 (1) of

the Act.

� The ‘competent authority’ within the meaning of Rule 2 (c) as

defined will include Vice Chairman of the Development Authority in

whose notified development area the building is situate or the

Collector of the district, where no such development authority exists.

December 10, 2014

� In case of the Industrial Development Authority the competent

authority shall be the Chief Executive Officer of the Industrial

Development Authority.

� For the purposes of discharging functions and duties and resolving

the disputes the competent authority will be entitled to delegate its


the disputes the competent authority will be entitled to delegate its

powers to an officer not below the rank of Joint Secretary including

Legal Advisor of the authority and any Sub Divisional Magistrate of

the district in case of a district.

� The competent authority shall set up mediation and conciliation

centres in each authority, or the district, which will resolve to

mediate the disputes at the first instance between the disputing

parties.

December 10, 2014

� Any dispute raised before the competent authority shall be decided

by the competent authority or delegate, before it is brought to the

Court of law

� The competent authority will also be entitled to verify the contents of

the declaration under Section 12 of the U.P. Apartment Act, 2010 and


the declaration under Section 12 of the U.P. Apartment Act, 2010 and

to decide any question, which may arise out of such declaration.

� The model byelaws as notified on 16.11.2011 under sub-section (6)

of Section 14 of the U.P. Apartment Act, 2010, if not approved and

appended to the application for registration, made prior to the

enforcement of the Act shall be adopted As-It-Is in the first meeting

of the association of apartment owners and will be registered by the

Registrar.

December 10, 2014

� The FAR or any additional FAR is a property, appended to rights in

the property on which the building is constructed, and is thus a

property in which the apartment owners have interest by virtue of the

provisions of the UPApartment Act, 2010.

� The purchase of additional FAR is not permissible to be appropriate

by the promoter without any common benefits to the apartment

owners. The consent of the apartment owners obtained by resolution


owners. The consent of the apartment owners obtained by resolution

in the meeting of the apartment owners by majority will be necessary

for purchasing additional FAR. Its utilization will also be subject to

the consent of the apartment owners.

� MOFAAct and Rules which has the same object and purpose as the

U.P. Apartment Act, 2010 of which definitions and various

provisions are paramateria with the U.P. Apartment Act, 2011 and

the judgment passed in Nahalchand Laloochand (P) Ltd. v.

Panchali Cooperative Housing Society Ltd. applies while defining

common areas and facilities..December 10, 2014

� The U.P. Apartment Act, 2010 and the U.P. Apartment Rules, 2011

provides for a complete code for regulating the rights, duties. and

liabilities and for resolving the issues and disputes between the

promoters and the apartment owners.

� The Act has overriding effect under Section 31 (1) over all other

Key Decisions



laws on the subject notwithstanding anything inconsistent therewith

contained in any other law for the time being enforced.

December 10, 2014

� Registry (sale deed) without Completion Certificate, Deed of

Declaration & NOC of Association is stopped by U.P. Govt -

Major Milestone Achieved

� Due to the efforts of FedAOAGZB, U.P. Govt through its concern

office has issued an order to all sub registrar to stop execution of

Major Milestone of FedAoA


office has issued an order to all sub registrar to stop execution of

registry (sale deed) without copy of Completion Certificate, Deed

of Declaration and NOC from the Association (AOA/RWA)

formed under U.P. Apartment Act 2010.

December 10, 2014

presents


Ghaziabad


Ghaziabadfor

Judgment Delivered by Hon’ble Allahabad High

Court on U.P Apartment Act 2010

December 10, 2014

� The U.P. Apartment Act, 2010 and the U.P. Apartment Rules, 2011

provides for a complete code for regulating the rights, duties. and

liabilities and for resolving the issues and disputes between the

promoters and the apartment owners.


Recent Media Reports - 2014

Presenter Name and Title


laws on the subject notwithstanding anything inconsistent therewith

contained in any other law for the time being enforced.

December 10, 2014

presents


Ghaziabad

Recent Media Reports - 2014


Ghaziabadfor



December 10, 2014

presents


Ghaziabad

Recent Media Report - 2014


Ghaziabadfor



December 10, 2014

presents


Ghaziabad

Media Reports – 2013


Ghaziabadfor



December 10, 2014

presents


Ghaziabad

Media Report - 2013


Ghaziabadfor



December 10, 2014

presents


Ghaziabad

Media Reports - 2013


Ghaziabadfor



December 10, 2014

Website: www.fedaoagzb.com December 10, 2014

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