The Societies Registration Act, 1860 governs registration for a wide range of member-based bodies in India. This includes Resident Welfare Associations (RWAs) and housing societies. It also covers schools, colleges and universities. NGOs, charitable and literary societies, sports bodies, clubs, and trade associations register under this Act too.
This section explains the registration procedure before the Registrar of Societies. It covers drafting the memorandum of association, and the rules and regulations. It also explains amendment, renewal, and annual compliance filings. Coverage extends to elections and disputes over the governing body or management committee, and to dissolution and asset transfer.
A society differs from an Apartment Owners Association (AOA), a cooperative society, and a Section 8 company. This section explains those differences in practical terms. It covers the Act’s application in Uttar Pradesh and Delhi. Prashant Kanha, Advocate-on-Record, Supreme Court of India, writes this guidance for RWAs, schools, NGOs, and sports bodies alike.
This article answers every question about forming and registering an AOA in Delhi. You will know the law, the steps, the documents, and the authorities. After reading this, you can register an AOA yourself. Introduction Millions of people live in multi-storeyed buildings in Delhi. Yet, most of their housing management societies are not legally registered. … Read more
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Author: Prashant KanhaAdvocate-on-Record, Supreme Court of IndiaReal Estate and Apartment Law Specialist This article is specific to laws in Uttar Pradesh and also has a video presentation | Download eManual on Apartment Introduction As per the information available on the Website of U.P. RERA there are around 2800 registered Group Housing projects. Similarly, by an … 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
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