U.P. APARTMENT ACT – 07 (REVISED) Compiled by P J Chauhan, Parshawanath Edens, Alpha II

  • Mail ur comments at jessop07@yahoo.co.in

This revised draft Act is now available at the U.P. Govt. website which can be accessed at the following URL: 

http://awas.up.nic.in/ 
 

It yet to be implemented, however, its main highlights are: 

  • Applicable for apartment where the lease is for a period of more than 30 years.
  • RWA renamed as ‘Association of Apartment Owners”.
  • All apartment owners, tenants of owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provision of this Act and the bye-laws and the rules made.
  • Every person who becomes entitled to the exclusive holding and possession of an apartment shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Apartment.
  • The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners.
  • Each apartment owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in the Deed of Apartment, and failure to comply with any of them shall be a ground for action to recover sums due for damages, or for injunctive relief, or both, by the Manager or Board on behalf of the Association of Apartment Owners or in a proper case, by an aggrieved apartment owner.
  • Apartment to be heritable and transferable.
  • The promoter shall get the Association registered immediately after at least 50% of the apartments have been handed over to the owners by the promoter by way of sale, transfer or possession, provided the building has been completed alongwith all infrastructure services and completion certificate obtained from the local authority.
  • Where an association of an apartment owner exist on the intended date of transfer of an apartment, it will be obligatory for the prospective apartment owner to become member of such association before execution of a deed of an apartment in his favour.
  • There shall be a single Association of Apartment Owners in a demarcated area.
  • Where the apartment owner is not in the occupation of the apartment owned by him, the liability to pay the common expenses payable in respect of such apartment shall be the joint and several liability of the apartment owner and the person in occupation of the apartment.
  • No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.
  • The Committee constituted by the board or board of managers of an association of apartment owners may, after due notice of not less than seven days, for just and sufficient cause, cut off, withhold, or in any manner curtail or reduce, any essential supply or service enjoyed by an apartment owner;

    Explanation: In this section, essential supply or service includes the supply of water, electricity, lights in passages and on stair cases, and lifts, and conservancy of sanitary service.

  • Upon the sale, bequest or other transfer of an apartment, the purchaser of the apartment or the grantee or legatee or the transferee, as the case may be, shall be jointly and severally liable with the vendor or the transferor for all unpaid assessment against the vendor or transferor for his share of the common expenses up to the time of the sale.

For act ....click here