UP Apartment Act, 2010: A Complete Guide
The UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, is a law introduced by the UP government. This legislation covers the construction, ownership, and maintenance of apartments in Uttar Pradesh. This UP Apartment Act applies to buildings that consist of four or more apartments.
Key Objectives of UP Apartment Act, 2010
- UP Apartment Act 2010 says that every apartment building must have an AOA. It will be responsible for the maintenance of common areas and facilities. AOAs need to be formed within one year of possession.
- This Uttar Pradesh Apartment Act must be registered with the Registrar of Societies. Developers are responsible for forming the AOA and then handing over control to residents. Registration ensures that apartment owners are coming forward to put forth their grievances.
- The UP Apartment Act has provisions that provide guidelines regarding the transfer of maintenance. Promoters pass on the responsibility to the AOA and until then the builder is responsible for maintenance charges and service quality.
- This set of laws points out the responsibilities of apartment owners. It includes duties related to common areas and expenses.
- The Act offers various dispute resolution methods to solve problems among property owners, AOA and promoters.
Significance of UP Apartment Act, 2010
- This UP Apartment Act promotes the development of apartment buildings
- Provides apartment owners with an opportunity to execute their rights
- Emphasises on maintenance of common areas and facilities
- Offers clear guidelines for the formation and functioning of AOAs
- Gives solutions to resolve disputes on apartment ownership.
Key Features of UP Apartment Act, 2010
- UP Apartment Act 2010 applies to buildings having four or more apartments.
- It is applicable for both freehold and leasehold lands.
- The law does not apply to shopping malls, multiplexes and commercial complexes.
- This legislation mandates the formation of AOAs.
- AOAs are responsible for managing and maintaining common facilities like lobbies and gardens.
- The Act says that promoters must register the building and provide relevant information.
- It has a similarity with the Uttar Pradesh Cooperative Societies Act with regards to shared contribution towards overall development.
- It provides mechanisms to solve disputes related to apartment ownership.
Benefits of UP Apartment Act, 2010
- This UP Apartment Act protects the rights of apartment owners.
- It clarifies the topic of ownership, utilisation of common facilities, participation in AOA, etc.
- The formation of AOAs encourages apartment owners to come together and address their grievances.
- The Act provides a legal framework to solve every kind of dispute. It provides a structure that makes it possible to address every kind of grievance.
- Apartment owners get to enjoy an enhanced living experience.
- The property value of a building may increase because of its well-maintained structure.
- Promoters receive clear guidelines for their operations within property.
Nature of Voting and Quorum
1. Voting
The UP Apartment Act 2010 states that voting will take place on percentage basis.
2. Quorum
Presence of 30% of owners in a meeting will constitute a quorum.
3. Vote Casting
A member or a proxy must cast a vote in person.
Administration
1. Responsibilities of The Association
- Overall administration of the building
- Approving the annual budget.
2. Venue of the Meetings
AOA will be deciding on the meeting venue and must be a place that will be convenient for everyone.
3. Annual Meetings
- AOA will decide on the meeting dates
- In these meetings, members will elect the Board of Management by ballot.
4. Special Meetings
- The President must call special meetings on the Board’s direction. It can also take place if most members sign a petition for the occasion.
- Notice of the meeting must have information on its time, venue and purpose.
5. Notice of The Meetings
This UP Apartment Act states that the Secretary must inform about meetings through mails. These must contain information on their time, venue and purpose.
Board of Managers
A Board of Managers must manage and maintain the building. It must have 4 to 10 people. Members will be electing them by a simple majority in the general body meeting.
1. Responsibilities of The Board
- Maintenance and management of common areas and facilities
- Collection of common expenses
- Removal of people who are employed for maintenance and repair
- Keeping information of the accounts
2. Election and Office of the Manager
- Members must elect a Board of Managers consisting 4 to 10 individuals. Among them, 3 members will act as office bearers namely, President, Secretary and Treasurer.
- The office bearers’ term will be of a year. However, they can also be re-elected.
- One-third members of the Board must retire annually.
3. Common Profits and Expenses
- This UP Apartment Act states that the distribution of common profit will take place uniformly among the apartment owners.
- The distribution of the common expenses takes place based on the apartment size.
- Apartment owners cannot excuse themselves from contributing to the common expenses.
- If a member deliberately violates common expenses-related laws, the AOA can withhold or reduce his essential supply.
4. Penalties & Legal Compliance
- Fines and penalties for non-compliance by developers and AOAs.
- Homeowners can approach the Real Estate Regulatory Authority (RERA) for legal action.
Conclusion
The UP Apartment Act 2010 is a set of laws that guides people regarding construction, ownership and maintenance of apartments. These regulations are applicable to buildings having four or more apartments. They make the role of AOA very important in the overall management and maintenance of the common areas and facilities.
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Frequently Asked Questions
1. What is the UP Apartment Act 2010?
This UP Apartment Act is a legislation introduced by the UP government to manage the construction and maintenance of apartment buildings.
2. What is Uttar Pradesh Cooperative Societies Act?
The Uttar Pradesh Cooperative Societies Act 1965 is a legal framework that guides the administration in the management of cooperative societies. It is applicable for the entire state of Uttar Pradesh.
3. What is the Supreme Court judgement on society maintenance charges?
The judgement says that unit purchasers will pay for the maintenance charges but developers cannot charge maintenance charges beyond actual costs incurred.