There are more than 200 apartment complexes across Ghaziabad that have not formed AOAs. These have not updated their model by-laws in accordance with the UP Apartment Act, 2010.
The Federation of Apartment Owners Association (FedAOA) in Ghaziabad is compiling a list of apartment complexes that are functioning as RWAs instead of as AOAs. The decision follows a directive of the Deputy Registrar of Firms, Societies & Chits, of the Meerut zone.
In a letter addressed to FedAOA, the deputy registrar has asked for a list of societies, which, despite being in the category of AOAs currently, are still functioning as RWAs. These societies have not updated their model by-laws in accordance with the UP Apartment Act, 2010.
Any building having four or more apartments comes under the provisions of the UP Apartment Act, 2010. RWAs operate according to the guidelines of the now-obsolete Societies Registration Act, 1860, while AOAs function according to the rules of the UP Apartment Act, 2010, and its model by-laws enacted in 2011.
Moreover, land attached to the apartment, whether freehold or held on lease (excluding shopping malls and multiplexes), also comes under the provisions of the Act. The model by-laws of the Act further state that AOAs should also become members of FedAOA and pay a subscription amount to it at regular intervals. The laws also state that the AOAs should follow the instructions and directions issued by the federation.
The letter also mentions that resident associations that have not updated their model by-laws according to the UP Apartment Act, 2010, and obtained proper approval from the deputy registrar’s office will now be considered unregistered.
Speaking to City Spidey, Alok Kumar, president of FedAOA, said that there were more than 200 apartment complexes across Ghaziabad that had not formed AOAs and were being run as RWAs. “The RWAs that have not registered themselves as AOAs are mostly old and have been functioning from before the enactment of the UP Apartment Act, 2010. It is necessary to form model by-laws and come under the ambit of the UP Apartment Act,” Kumar said.
Speaking about the benefits of being registered as an AOA, Kumar said these associations were directly monitored by a local competent body of the development authority or by the deputy registrar's office, which aided speedy redressal of problems. “Further, the Act has provisions for the developer, and its by-laws are tailored to cater to the requirements and the welfare of apartment owners,” Kumar added.
When asked about the resistance of RWA office bearers against converting to AOAs, Kumar said, “Many of these board members have been holding office for several uninterrupted years and they do not want to pave the way for a democratic process of electing people every year. The UP Apartment Act requires yearly elections, and also ensures that one person does not hold the same post for two consecutive terms. In case of any violation of the Act’s guidelines, residents can directly approach the local competent authority or the deputy registrar for remedial action.”
