UP Apartment Act, 2010: A Complete Guide
The Uttar Pradesh Apartment Act, 2010 is a law introduced by the Government of Uttar Pradesh to regulate the construction, ownership, and maintenance of apartments. This Act applies to all buildings with four or more apartments.
Key Objectives of Uttar Pradesh Apartment Act, 2010
- UP Apartment Act 2010 says that every apartment building must have an AOA. It will be responsible for the maintenance of common areas and facilities. AOAs need to be formed within one year of possession.
- This Uttar Pradesh Apartment Act must be registered with the Registrar of Societies. Developers are responsible for forming the AOA and then handing over control to residents. Registration ensures that apartment owners are coming forward to put forth their grievances.
- The Uttar Pradesh Apartment Act has provisions that provide guidelines regarding the transfer of maintenance. Promoters pass on the responsibility to the AOA and until then the builder is responsible for maintenance charges and service quality.
- This set of laws points out the responsibilities of apartment owners. It includes duties related to common areas and expenses.
- The Act offers various dispute resolution methods to solve problems among property owners, AOA and promoters.
Significance of Uttar Pradesh Apartment Act, 2010
- This UP Apartment Act promotes the development of apartment buildings
- Provides apartment owners with an opportunity to execute their rights
- Emphasises the maintenance of common areas and facilities
- Offers clear guidelines for the formation and functioning of AOAs
- Gives solutions to resolve disputes on apartment ownership.
Key Features of UP Apartment Act, 2010
- Uttar Pradesh Apartment Act 2010 applies to buildings having four or more apartments.
- It is applicable to both freehold and leasehold lands.
- The law does not apply to shopping malls, multiplexes and commercial complexes.
- This legislation mandates the formation of AOAs.
- AOAs are responsible for managing and maintaining common facilities like lobbies and gardens.
- The Act says that promoters must register the building and provide relevant information.
- It has a similarity with the Uttar Pradesh Cooperative Societies Act with regard to shared contribution towards overall development.
- It provides mechanisms to solve disputes related to apartment ownership.
Rights of Apartment Owners under Uttar Pradesh Apartment Act, 2010
- Every apartment owner has exclusive ownership and possession of the apartment purchased or transferred to them, as per the Act.
- Each owner is entitled to a fixed percentage of undivided interest in common areas and facilities, as mentioned in the Deed of Apartment, calculated based on the apartment’s area compared to the total building area.
- The percentage of undivided interest is permanent and:
- Cannot be changed without the written consent of all apartment owners and approval of the competent authority.
- Cannot be separated from the apartment and is automatically transferred along with it, even if not clearly mentioned in documents.
- Common areas and facilities cannot be sold, divided, or partitioned, and any agreement stating otherwise is invalid.
- Every apartment owner has the right to use common areas and facilities for their intended purpose, without disturbing the rights of other owners.
- Maintenance, repair, modification, relocation, additions, or improvements of common areas must be carried out strictly as per the Act and bylaws.
- The Association of Apartment Owners has the right to access apartments during reasonable hours for:
- Maintenance or repair of common areas.
- Emergency repairs to prevent damage to common areas or other apartments.
Benefits of UP Apartment Act, 2010
- The UP Apartment Act protects the rights of apartment owners.
- It clarifies the topic of ownership, utilisation of common facilities, participation in the AOA, etc.
- The formation of AOAs encourages apartment owners to come together and address their grievances.
- The Act provides a legal framework to solve every kind of dispute. It provides a structure that makes it possible to address every kind of grievance.
- Apartment owners get to enjoy an enhanced living experience.
- The property value of a building may increase because of its well-maintained structure.
- Promoters receive clear guidelines for their operations within the property.
UP Apartment Act 2010 Election Process
Legal Framework: The UP Apartment Act 2010 election process governs how elections of managing committees are conducted in apartment societies across Uttar Pradesh.
Eligibility of Members: Only registered apartment owners with a valid membership can vote or contest in the elections.
Election Notice: The society must issue an official notice of elections to all members in advance, stating the date, time, and venue.
Nomination Process: Interested candidates must submit nominations within the prescribed period, following the rules set under the Act.
Voting Method: Voting is typically by ballot or electronic voting, as per society rules and the UP Apartment Act 2010 election process.
Counting & Declaration: Votes are counted transparently, and results are declared immediately. The elected committee assumes office as per the Act.
Dispute Resolution: Any disputes related to the election process can be raised with the registrar or the appropriate authority under the provisions of the Act.
Read also: Housing Society Election India
Nature of Voting and Quorum
1. Voting
The UP Apartment Act 2010 states that voting will take place on a percentage basis.
2. Quorum
The presence of 30% of owners in a meeting will constitute a quorum.
3. Vote Casting
Votes will be cast in person. Except as otherwise provided resolution of the Association shall require approval by a majority of owners casting votes in person or proxy.
Read also: Online Voting in Housing Society Elections
Administration
Under the UP Apartment Act, the Apartment Owners Association (AOA) is responsible for the overall management and governance of the apartment complex. This includes conducting meetings, approving budgets, and ensuring smooth administration for all members.
1. Responsibilities of The Association
- Overall administration of the building
- Approving the annual budget.
2. Venue of the Meetings
AOA will be deciding on the meeting venue, and it must be a place that will be convenient for everyone.
3. Annual Meetings
- AOA will decide on the meeting dates
- In these meetings, members will elect the Board of Management by ballot.
4. Special Meetings
- The President must call special meetings on the Board’s direction. It can also take place if most members sign a petition for the occasion.
- Notice of the meeting must have information on its time, venue and purpose.
5. Notice of The Meetings
This UP Apartment Act states that the Secretary must inform about meetings through mails. These must contain information on their time, venue and purpose.
6. Adjourned Meeting
If a meeting of apartment owners cannot be held due to a lack of quorum, the owners present may adjourn the meeting to a time at least 48 hours later than the originally scheduled meeting.
If a quorum is still not present at the adjourned meeting, a minimum of two owners present in person shall constitute the quorum.
7. Order of Business at Meetings
The order of business for all meetings shall be as follows:
(a) Roll call
(b) Proof of meeting notice or waiver of notice
(c) Reading and confirmation of minutes of the previous meeting
(d) Reports of office bearers
(e) Reports of the Competent Authority or authorised officers
(f) Report of the Committee
(g) Election of the Board
(h) Unfinished business, if any
(i) New business
Read also: A Complete Guide to Forming an Apartment Owners Association
Board of Managers
A Board of Managers must manage and maintain the building. It must have 4 to 10 people. Members will be electing them by a simple majority in the general body meeting.
1. Responsibilities of The Board
- Maintenance and management of common areas and facilities
- Collection of common expenses
- Removal of people who are employed for maintenance and repair
- Keeping information of the accounts
2. Election and Office of the Manager
- Members must elect a Board of Managers consisting of 4 to 10 individuals. Among them, 3 members will act as office bearers, namely, President, Secretary and Treasurer.
- The office bearers’ term will be of a year. However, they can also be re-elected.
- One-third of the members of the Board must retire annually.
3. Common Profits and Expenses
- This UP Apartment Act states that the distribution of common profit will take place uniformly among the apartment owners.
- The distribution of the common expenses takes place based on the apartment size.
- Apartment owners cannot excuse themselves from contributing to the common expenses.
- If a member deliberately violates common expenses-related laws, the AOA can withhold or reduce his essential supply.
4. Penalties & Legal Compliance
- Fines and penalties for non-compliance by developers and AOAs.
- Homeowners can approach the Real Estate Regulatory Authority (RERA) for legal action.
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| Service Area | Description |
| Manage All Residents | Stores and manages resident details, approval process for entry, and resident documentation. |
| Manage Apartments | Tracks each flat’s details like owner, occupant, size (sq ft), bedrooms, and related legal documents. |
| Online Visitor Management | Digitally tracks all visitors including guests, staff, vendors, and provides secure entry logs. |
| Parking Management | Manages vehicle information online, reduces parking issues, and links vehicles to owners. |
| Domestic Staff Management | Helps manage domestic helpers’ entries, exits, and schedules. |
| Communication Management | Provides communication tools for residents, notices, alerts, and community updates. |
| Maintenance & Utility Bill Payment | Lets residents check dues, pay maintenance and utility bills, and track payment history. |
| Safety & Security Features | Enhances security with app-based visitor approvals, SOS alerts, and emergency tools. |
| Complaint Management | Residents can raise, track, and resolve society complaints through the app. |
| Accounting & Billing Solution | Provides automated billing, invoicing, and accounting tools for the society. |
| Digitised Communication | Notice boards, broadcast messages, and group communication within the society. |
| Manage Staff & Vendors | Enables tracking and management of society staff and external service vendors. |
| Amenities Management | Handles bookings and usage of community amenities like clubhouse, gym, etc. |
| Admin App | A dedicated dashboard for committee/admin members to manage all modules. |
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FAQs
The Uttar Pradesh Apartment Act is a legislation introduced by the UP government to manage the construction and maintenance of apartment buildings.
The Uttar Pradesh Cooperative Societies Act 1965 is a legal framework that guides the administration in the management of cooperative societies. It is applicable to the entire state of Uttar Pradesh.
The judgement says that unit purchasers will pay for the maintenance charges but developers cannot charge maintenance charges beyond actual costs incurred.
Confusion arose due to contradictory bye-laws one set a one-year Board tenure, while another allowed one-third member retirement annually, enabling office bearers to continue without fresh elections.
As per the Uttar Pradesh Apartment Act, 2010, the tenure of the Board of Management is one year. The Board is required to face elections every year for all positions.
The Allahabad High Court clarified that elections must be conducted annually for all ten posts of the Board of Management. This judgment ensures transparent, democratic, and accountable governance of apartment societies in Uttar Pradesh.