V1- Formation of Association of Apartment Owners| UP Apartment Act | Prashant Kanha AOR
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- Опубліковано 11 жов 2024
- In his series on legal awareness, Prashant Kanha with Anand Mishra (M:9599732224) discusses the law on the formation of an association of apartment owners under the U.P. Apartment (Promotion of Construction, Ownership & Maintenance) Act 2010. The views expressed by the presenters are their views based on the research of existing law.
DISCLAIMER: THE VIDEO IS NEITHER AN ADVERTISEMENT NOR A LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES.
All due care has been taken by the presenter to stay accurate however, the interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice.
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IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO ONE MAY CONTACT MR. PRASHANT OVER WHATSAPP ONLY AT +91 9910843777.
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Thanks Prashant ji
Very informative and helpful! Great job👍
Bhut badia sir
Good initiative prashant ji.
VERY GOOD INFORMATION
I mean society registration ka eceryyear itr na bhara jaye ya phir use chupa kar rakha jaye society ke members ke dwara
Wonderful bhai
Useful information...Thanks.
Can you also confirm, that after formation of AOA team (conducting the election as per UP ACT 2010) and decalare the positions of AOA members, then President, Secretary and Treasurer start the AOA registration process (if builder not doing it). Without election, a group of residents can't go for registration.
Helpfull sir..
Good information
Informative 🙏🥀
Thanks for liking
Sir, What are the powers of President of society? Can he/she veto the decision of management committee ?
Sir ek apartmen vala man nahi registration keliye maintenance nahi deta
7 flat hai building me
As per society Act1860 a society formed is for literary scientific etc .Can this registered society take over the maintenance of Apartment from builder
that's a very legal question. Law is in split on this issue. But welfare is given preference.
Hello
Who can be a member in an AOA?
If a house is registered only in the name of daughter in law can the father in law be the member and can he contest election?
आपका सुझाव केवल तभी काम आ सकता है जब बिल्डर की कुछ अनसोल्ड प्रापर्टी भी हो। अगर बिल्डर सारी प्रापर्टी बेच चुका है और कम्पनी पर दिवालिया प्रोसीडिंग्स चल रही हों तब क्या करें
Sir,
Is it possible to have a sample format of the notice to be issued to builder & also to be sent to 33 % apartment owners .
Sir lekin ek builder kisi apne hi aadmi ki flat sale karke use baha ka head bana de...
Aur wo flat owner job ki ab president hai (non-offcial )
Wo corruption kare to..
approach the competent authority or registrar and challenge same.
Sir(s)
I am from Telangana, please advise us, we have recently purchased a flat in a township having 20 blocks.
Due to lack of knowledge, the exiting and previous committee members not renewal the committee in the office of Registrar of societies.
Now, some of the flat owners wish to renewal the organization and form a new body.
Please guide us how to over come the issue.
Regards
Dear, in Telangana Societies don't expire; as per Telangana Societies Registration Act 200.
Please check your Registration Certificate.
If you wish, you can share same with me for specific answer.
prashant1189@gmail.com
I am from jharkhand I want to query that more than 60% of flats occupied by one family member and want to sign buylaws by other what should I do
Dear sir
1) What will be the way to finance the registration process ? donation from the owners, any fee from the owners, Contributions from owners or builder?
2) Is there any membership fee to be collected before the registration if yes how much?
Thanks sir
Yes...As per by laws, 1000 Rs is one time membership fee.
Can you please advice how to form an AOA when number of apartments is only 6, where land owner doesn't own an apartment ?
it can be formed as minimum member required are 4 in Uttar Pradesh
ReRa and AOA ?
Kya non resident of society can become president of AOA.
I mean he stays at his ancestral house, but he is a flat owner and also a president of AOA
that's an equitable issue. Being apartment owner he has the right. But not residing there will be delaying decision making etc. It is upto the voters to elect or not elect. Legally no bar. Note-This is not a legal advice.
Is there any standard format for membership FORM for becoming a Member of AOA.Are tenants part of such AOA.
Not really. The AOA has to draft it.
Agar builder ne 2ya 3 logon ko lekar society ka gathan karake panjikaran kara liya ho tab Anya flat Oner dusari society bana sakte h kya
You will have to file complaint before the Registrar and request for fresh elction.
Can the term Resident welfare association used in lieu of Association of Apartment owners
Normally it should not be. But there is no illegality in that.
Sir .. after registration of AOA ,the owners of the apartment can do conveyance deed or not?
Tenants or any other person who's name not registered in ownership deed can be a member of resident welfare Association, Nominate himself for executive body member and to cast vote on behalf of actual owner. Is there any latest judgement of allahabad high court. Kindly reply
they can be, provided that they have registered tenancy of more then tenure of AOA and the tenancy explicitly gives such rights to the tenant.
@@aor.prashantSir what does tenancy more than tenure mean?
Registration of Owners Association is registered at District Registrar (Housing) office or Charity Commissioner office or Sub-registrar office who executes Sale deed?
Depends from State to State. Check local law. In MH its Co-operative. In UP its Societies.
To be AOA member is sale deed is enough or flat registry required.
If after ad-hoc AOA , election not happen then tenure can be extended from the date of registration.
as per section 8 of UP Apartment Act and Designarch judgement by hon'ble AHC, possession is enough.
Kitne percent logo h handover mandatory h
The video is very informative but their are some issues
1. 2010 act 75% or 33%.
2. 2016 act printed on 19 September 2016 with the help of clause (3) of article 348 of the constitution of India.
Please clarify if possible.
2010 - 33%
2016 Amendment not enforced yet as there is no notification to such effect u/s 2 of same.
अगर 33% लोग gbm में नही आते हैं तो फिर क्या करना चाहिए।
Sir, me as a landlord has gone for JDA with builder. Now the flat is almost ready for handover as informed by my builder. As I was the landlord, now do I need to pay any Registration fees or Stamp duty? Or any other fees?
dear it depends on your Agreement to Sale. Check if it was inclusive of Taxes and Duties or exclusive.
Kaya kare sir
Are completion certificate and BU permission/Occupancy are same or different?
different. Refer to local building regulations.
Can Owners association may obtain PAN card without registration?
Legally, it's not valid.
@@aor.prashant Then why Income tax issue the PAN Card. Empowering such illegitimate people to mislead other in the name of association and putting the residents in distress?
Is audit of aoa is necessary ?
It is a legal requirement.
Sir, can I contact u on phone for clarification?
sure - @ 01204255745
Please reply sir
Dear Satish ji, refer to section 23 of Jharkhand Apartment (flat) Ownership Act 2011. State has passed Model Bye-laws and only such model laws can be adopted and no other. To get copy of same visit the competenet development authority.