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HIN­DUS­TAN TIMES, NEW DELHI, SATUR­DAY, FE­BRU­ARY 09, 2013 within the 2010 Act, pro­vi­sion has been made for the adop­tion and reg­is­tra­tion of the model byelaws un­der the UP Apart­ment Act 2010 by all such as­so­ci­a­tions in their first meet­ing so that all as­so­ci­a­tions of UP reg­is­tered un­der the So­ci­eties Reg­is­tra­tion Act, 1860, op­er­at­ing in projects hav­ing more than four apart­ments shall have uni­form byelaws at the ear­li­est. The model byelaws in­cor­po­rate the best prac­tices like max­i­mum one year ten­ure for four to 10 board of man­age­ment, elected from amongst own­ers of apart­ments by en­sur­ing one-third board to re­tire an­nu­ally and pro­hibit­ing the same per­son not to hold the same post be­yond two years. The Reg­is­trar of So­ci­eties, Lucknow, how­ever, is yet to is­sue any guide­lines to this ef­fect even though this 2010 Act has an over­rid­ing ef­fect.

The as­so­ci­a­tion has been duly em­pow­ered to ef­fec­tively man­age the com­mon as­sets and dis­trib­ute the com­mon prof­its amongst own­ers be­sides the power to report any vi­o­la­tion by owner/pro­moter to the com­pe­tent author­ity or oth­ers as the case may be for pe­nal ac­tion against any vi­o­la­tion in the plot. The Ghazi­abad Devel­op­ment Author­ity re­cently, in its counter af­fi­davit to the PIL filed for the im­ple­men­ta­tion of all the pro­vi­sions of this UP Apart­ment Act/Rules, model byelaws and read­ing-down of the rules to bring delin­quent builders/pro­mot­ers to jus­tice within a short pe­riod, has lauded the ef­fort and ac­cepted the prayer but is wait­ing for court or­ders.


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