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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
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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
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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
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� 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.
Website: www.fedaoagzb.com
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
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� 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
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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
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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
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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
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� The Act has overriding effect under Section 31 (1) over all other
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
Website: www.fedaoagzb.com
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
The Federation of Apartment Owners AssociationOf
Ghaziabad
Website: www.fedaoagzb.com
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.
� The Act has overriding effect under Section 31 (1) over all other
Recent Media Reports - 2014
Presenter Name and Title
� The Act has overriding effect under Section 31 (1) over all other
laws on the subject notwithstanding anything inconsistent therewith
contained in any other law for the time being enforced.
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
Recent Media Reports - 2014
Presenter Name and Title
� The Act has overriding effect under Section 31 (1) over all other
laws on the subject notwithstanding anything inconsistent therewith
contained in any other law for the time being enforced.
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Recent Media Reports - 2014
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Recent Media Report - 2014
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Recent Media Report - 2014
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Media Reports – 2013
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Media Report - 2013
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Media Report - 2013
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
presents
The Federation of Apartment Owners AssociationOf
Ghaziabad
Media Reports - 2013
Presenter Name and Title
Ghaziabadfor
Judgment Delivered by Hon’ble Allahabad High
Court on U.P Apartment Act 2010
December 10, 2014
Website: www.fedaoagzb.com December 10, 2014