This category focuses on laws governing apartments, group housing, and apartment owners’ associations, including ownership, maintenance, governance, and dispute resolution within apartment complexes.
Articles in this section draw from my litigation, advisory, and research experience in housing and real estate matters. I cover State apartment laws (especially Uttar Pradesh), AOA formation and functioning, builder obligations, maintenance issues, and regulatory overlaps affecting apartment governance.
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
The above question is asked many a time during elections of apartment owners associations in group housing societies in Noida and Ghaziabad. As per the Model Bye-laws under the U.P. Apartment Act, only apartment owners can be members of the association of apartment owners. Download UP Apartment laws eManual Who is an apartment owner? As … 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
Download UP Apartment laws eManual Registration of an association of apartment owners is important for the uninterrupted maintenance of any housing society. It provides a platform to the apartment owners to raise their grievance regarding any issue in the society. Uttar Pradesh government has made it compulsory to register an Apartment Owners Association (hereinafter referred … 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.
A co-owner has right to cast vote and contest for the post in the board of management if remaining co-owner(s) have no objection, either expressly or impliedly. It is immaterial whether the name of the co-owners is mentioned at first, second or at any serial in the list of owners in the conveyance deed.
he Section 71 of the Real Estate (Regulation & Development) Act 2016 empowers only the adjudicating officers to award compensation. As per the rulings of the Hon’ble Supreme Court, interest and damages is also compensation. Hence, those complaints which are filed under section 31 of the RERA Act, 2016 demanding refund plus interest should only be adjudicated by the Adjudicating Officers and not by the Chairperson and members of the RERA. The refund plus interest orders passed by the RERA so far are without jurisdiction hence, null and void.
Constitution Bench of Supreme Court of India in Smt. Damyanti Naranga Vs. The Union of India and Ors. (1971) 1 SCC 678 , which had approved the exposition in G.K. Ghose and Anr. Vs. E.X. Joseph (1963) Supp. 3 SCR 789 had held that … Read more
When a real estate agent or broker acts in an agency capacity for a buyer or seller client in a transaction, the agent or broker functions under certain legally mandated duties called fiduciary duties, acting in the best interests of the client. Such duties are regulated in some cases and sometimes not.