Response

All the resident of a high-rise society is responsible for the maintenance and upkeep of their society. In Uttar Pradesh, the builder is responsible for the maintenance of the society till it is handed over to the Association of Apartment Owners (AOA).
As per the UP Apartment Act, the AOA means all owners of the apartments acting as a group in accordance with the bye-laws. You need to be an owner of a property to be part of AOA or contest election in the society. Both the builder and AOA are responsible to take care.

Before electing the Managing Committee, an association of apartment owners should be formed. UHAOA apartment owners association in UP is registered under Ð the Societies Registration Act. Registered association can sue or defend any legal action against the association on behalf of the association.

An apartment owners association can be formed and registered with minimum seven members; and later more members can be added to association. All persons who have signed the application for registration of association shall be deemed to be the original members. Registration of apartment owners association can be done either at the state level (i.e., in the office of the Registrar of Societies) or at the district level (in the office of the District Magistrate or the local office of the Registrar of Societies).The procedure varies from state to state. However generally the application should be submitted together with Bye-laws and Memorandum of association, declaration by the members of association and prescribed registration fee.

It is mandatory for all owners of the apartment to become members of the association. On becoming a member of the association, each apartment owner shall receive a copy of the bye law of the association. If the apartment owner is a firm or company, membership of association shall stand in the name of the firm or company and the person authorized by the firm or company shall be entitled to vote and attend meetings on behalf of the company. In case of Joint ownership, the membership of association shall stand in the joint names but the person whose name stands first in the sale deed shall alone be entitled to vote.

First the general meeting of members elects the Managing Committee of the association.Only one member from a family can be a member of the Managing Committee and no office bearer of the Managing Committee can continue to be an office bearer of the Managing Committee for more than five terms with not more than two terms consecutively. Elections of all the members of the Managing Committee shall be held once in two years. The meeting of the Managing Committee meets at least once in 30 days at the Office of the Association. Special meetings of the Managing Committee shall also be called on written request with at least 50 per cent of members of the association stating clearly the purpose of the meeting.

Reference: Co-operative Societies Act, 1912

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LAWAYZ-2023-558