Common Areas belong to Apartment Owners rules Allahabad High Court

[dheerajjain]

Allahabad High Court has ruled in favor of millions of Apartment Owners in Uttar Pradesh ruling that Common Areas belong to Apartment Owners. Also, for changing layout plan and increase in FAR, apartment owners written consent is mandatory. This interpretation of Apartment laws existing in UP is in sharp contrast with interpretation given by Supreme Court of Haryana Apartment laws which defies common sense. Hindustan Estates has today come out with front page headline saying that common areas belong to Apartment Owners. Please find attached clippings from Hindustan Estates. Major points of landmark judgment are:

1. Builder or promoters can't stop or delay formation of Residents Welfare Association (RWAs). If any builder/promoter does not register RWA, then Apartment Owners can serve notice to builder/promoter for getting association registered

2. Apartment owners will have undivided share in common areas and facilities. No change can be made in common areas and facilities without written consent of apartment owners

3. If Development Authority like NOIDA,Ghaziabad etc. wants to change layout plan on application moved by builder/promoter, then it should have written consent of Apartment Owners and no objection certificate given by Apartment Owners

4. If promoter wants to have extra FAR for project, then he should have mandatory written consent from Apartment Owners

5. If promoter/builder does not become member of RWA even after 1 month notice given by RWA, then Register or sub-Register can't stop registration of RWA.

6. In meetings called by RWAs, any issues or disputes to be settled in peaceful manner with promoters/builders. If this fails, then RWA can move Court

7. If Apartment Owners do not register their association within 90 days, then promoter/builder should constitute Association and within 90 days, get it registered according to model by-laws.

I strongly believe that this is correct interpretation of Apartment laws. Supreme Court has erred in interpreting Haryana Apartment laws and we should move Supreme Court in getting judgment reviewed and corrected. We should help Federation of Apartment Owners who are doing lot of hard work in moving petition.

[dheerajjain]

Attached is complete 40 page judgment of Allahabad High Court about rights of apartment owners

[dheerajjain]

Supreme Court has refused to stay Allahabad High Court Court. Hence, common areas belong to flat owners at least in Uttar Pradesh. How can Supreme Court have different interpretations for Uttar Pradesh and Haryana?

[tvkrishnam]

Why NOT start a campaign in Change.org telling Haryana to adopt UP act?