UP STATE APARTMENT ACT-2010 & LEGAL PROVISIONS

 UP STATE APARTMENT ACT-2010 -  ARE WE COMPLYING IT IN RVAOWS

UP APARTMENT ACT - 2020    (ENGLISH)     CLICK HERE TO OPEN  

UP  APARTMENT ACT 2010 - RULES - INCLS MODEL BYE-LAWS -   CLICK TO OPEN

SOCIETY REGISTRATION ACT 1860   CLICK HERE TO OPEN 

WHERE WE STAND AS FAR AS OUR BYE LAWS AND LEGAL POSITION MATTERS

1.                  Of late a point has risen with deep concern whether our RVAOWS, called association of the Flat Owners in condos vide the UP-State Apartment Act-2010, is administering itself in accordance with the provisions of the said Act. 

2.                  This issue had been put up  with special reference to the Bye-Laws of RVAOWS said to have been legally adopted in 2016 and in 2022 during the AGMs and Special Meetings but the same has been ignored all together probable they do not suit the Board members. 

3.                  The relevant provisions of the UP-State Apartment Act-2010 which applies to our society without any exception, are out lined as under: -

 (a)                     Our society, the RVAOWS very much falls under the provisions of the said Act-2010 and the Rules as published in the UP State Gazette.

   (The impression created for the members that we being the old society do not come under the preview of the Act is totally incorrect let us shed any doubts in this regard as the registration of the society expires every five years and fresh registration is applied for under the Act.)

 (b)                    An association of the flat owners will be formed when 30% of the Flats are occupied.   

                    (We did that in 1997 and RVAOWS came into being. and was registered with the Dy  Registrar, Meerut.)

 (c)                     The Act provides that the Association will elect a Board of Management having four essential office bearers to include President, Vice President, Secretary and a treasurer , to manage the affairs of the society.              

 (We have been complying with these provisions.)

 (d)                    The Act also specifies that 1/3^rd members i.e two of the BoM will be replaced every year, it is left to the BoM to decide among themselves who will not go for second term in the next year.

           (We have not been doing so it is only this year that the Treasurer was changed. The vacancies so created will be filled up by holding elections.)

 (e)                     The Act lays down that the Bye laws of the Society will be prepared and adopted in the Society meeting by majority vote attended by min of 2/3^rd members of the society.

         (This was done in 1997 and a booklet was published and issued to all residents. This majority was not available for 2016 or 2022 so called special meets)

 (f)                      The Act in addition also provides that Govt will make Model Bye laws which were promulgated by the Honourable Governor of UP State and were publishing in the official gazette. The Model Bye laws had been made mandatory for all societies located in the whole of UP to be adopted in toto and nothing which is contrary to the Model Bye Laws will be adopted by any society.

 (The Govt accordingly promulgated the Model Bye Laws along with the UP State Apartment Rules as published in the official gazette of the state. These have been made mandatory for all societies in Uttar Pradesh.  The Societies can make their own Bye -Laws and adopt them as per law in a general body meeting attended by 2/3^rd members of the society but nothing in contravention to the Bye Laws is permitted)     

 (g)                      The Competent Govt Authority as mentioned in the Act in our case has been specified as the Vice Chair-person of NOIDA Authority by the Allahabad High Court for addressing any issues as per provisions of the Act-2010.

 (The Act-2010 did not specify as to who will be the Competent Authority over and above the societies in a particular city. The Allahabad High court in one of their judgements specified that where ever a development authority exists the Vice chair person will be the designated competent authority, where as in other cases it will be the DM of the district. The Competent authority may detail a gazette officer to resolve disputes in a society or conduct elections of the BoM where ever required.)

4.       The Provisions contained in the Model Bye Laws are summarised as under: -

 (a)                      The societies will make their Bye-Laws in consonance with the Model Bye-Laws. These will be adopted by majority vote in a meeting attended by minimum of 2/3^rd members of the society which works out to be 135 members for us.

          (This has not been done by us in 2016 or in 2022 when new Bye Laws were said to have been adopted and submitted to the Registrar, therefore, our Bye Laws therefore do not meet the legal requirements as such cannot be considered as legally valid. All our actions which have been done or are in the process of being done are illegal in the eyes of the Law. This important issue needs to be addressed on war footings to avoid legal back lash on us as a society. Its good that BoM has decided to review the Bye-Laws within themselves. They must see the final draft as was submitted by the Bye-Law formulation  committee as mentioned in the succeeding paragraph.

     NOTE -      It is worth mentioning that a committee to review and draft the Bye-Laws for Ram Vihar was constituted with Maj Gen S Dhawan and 4 members incl Brig Ramendra Kumar (late) in 2013 in line with the Model Bye-Laws. The committee held several meetings and consulted other societies as well as many residents to frame the Draft Bye laws for almost one year. The final Draft was handed over to the then EC that should be available on file in the society office. The following EC on their own made amendments to the committee draft Bye-Laws which suited them most specially on the general body meetings and finances with special reference to organise a Corpus Committee. The EC finally declared the Bye Laws in 2016 as adopted during the AGM attended by around 31 members as against 2/3^rd members of the society as per provisions of the Act-2010. This point was raised once again during the AGM in May 2024 where the BoM contended that since the booklet had been submitted to the Registrar in 2016 hence the Bye-Laws deem to have been legally adopted. The law does not provide such a liberty in any manner as such these Bye Laws cannot be taken as legally valid)

 (b)                    For the Annual Meetings or Special Meetings the Quorum has been specified as 30% of the total members which in our case comes to 60 members.

       (We have on our own, in total violation of the Law have reduced it to 20 in place of 60 members. In view of this short coming all decisions said to have been taken in the AGM with consensus in a Quorum of only 20 members do not hold good and are in total violation of the Law of the Land. This needs to be addressed without any further loss of time.)

 (c)                     Para 17 of the Model Bye-laws as contained in the UP-State rules lays down that if the required quorum is not complete the members present may adjourn the meeting to a future day not less than 48 hrs from the date. Here too under the UP-State Apartment Rules the quorum required is 25% of the total membership.

    (We thus need to initiate actions to improve our membership and make special efforts to impress upon members and encourage them to attend the meetings in strength.)

 (d)                    The Bye Laws once adopted may be amended within the provisions of the law which do not conflict with any provisions of the ACT or Model Bye-Laws in a meeting attended by minimum of 2/3^rd members by majority vote. The amendments made will also be communicated to the Competent Authority and the Registrar with list of the members for approval before submission to the registrar. This has not been done by us.

 (The bye laws were once again said to have been adopted in 2022 while the application for re-registration of the Society was submitted to the Deputy Registrar. No meeting was held to adopt these revised Bye-Laws.) 

5.   Powers of the BoM has also been laid down in the act as well as the model bye-laws but nowhere it is mentioned that the BoM can create a Financial Liability recurring or otherwise on the society at their will, without any approval from the General Body by holding a meeting for the purpose with specified attendance.

6.    Certainly among the members, there is no one who is not aware that any provision of the Law cannot be violated or modified in any manner what so ever to suit one's convenience, citing any reasons, excuses, ignorance or by expression of inability to act or follow them.

7.   It is thus paramount for as members of the RVAOWS to put our house in order in compliance with the Laws of the land. We are not private enterprise but is governed by an Act passed by the Uttar Pradesh Government.

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