Apartment ownership and condominium law across India — statutes, case commentary and practical guidance for owners, Apartment Owners Associations (AOAs) and developers. This section covers state apartment ownership legislation including the Uttar Pradesh Apartment Act 2010, the Delhi Apartment Ownership Act 1986, the Haryana Apartment Ownership Act 1983, the Maharashtra Apartment Ownership Act 1970, the Karnataka Apartment Ownership Act 1972, the Gujarat Ownership Flats Act 1973, the Tamil Nadu Apartment Ownership Act 1994 and the West Bengal Apartment Ownership Act 1972, alongside the Real Estate (Regulation and Development) Act, 2016 (RERA). Topics include AOA formation, registration and elections, common-area and maintenance disputes, builder-buyer disputes, RERA applicability and order execution, and conveyance and title matters — written by Prashant Kanha, Advocate-on-Record, Supreme Court of India.
This article is specific to law in Uttar Pradesh and has a video presentation | Download eManual on Apartment Introduction The declaration is defined in Section 3 (m) of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 to mean declaration referred to in Section 12 of the said Act. The contents of declaration … Read more
This article is specific to the law in Uttar Pradesh. The article has a video presentation. | Download eManual on Apartment Introduction The U.P. Government enacted U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, (“2010 Act)”Statement of Objects and Reasons whereof are: “Housing is a basic human necessity and the quality of … Read more
This article discusses the legal position specific to Uttar Pradesh. The article is also published as Legal Opinion: How to recover IFMS from builder? – NOFAA on website of NOFAA Watch the video on this topic or read the article below. | Download eManual on Apartment Introduction It has become a very common problem that … Read more
Download UP Apartment laws eManual When it comes to the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 (“the Act”) then the case titled M/s Designarch Infrastructure Pvt. Ltd. & Anr. v. Vice-Chairman, Ghaziabad Development Authority & Ors. is the landmark authority so far. Below is the summary conclusion of the judgment. It … Read more
The law i.e. the Uttar Pradesh Apartment (promotion of construction ownership and Maintenance) Act 2010 mandates that it shall be the joint responsibility of the builder/ promoter and the apartment owners to form the association, however, in practice the builders are most reluctant to form an association of apartment owners as same will take away the right to manage the common areas and facilities and money collected for that. Under such circumstances when the builder is not forming the association of apartment owners then the buyer can form the AOA on their own. The article has a youtube video presentation.
Every AOA election raises the same dispute: which co-owner gets to vote? The answer isn’t the sale deed — it’s the AOA’s share certificate. Here’s the law, explained