Apartment Act of UP on RWA
According to Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010, there are five provisions on the formation and management of residents welfare association (RWA), which include :
Association of flat owners: Association of flat owners is one of the five clauses which states that each and every apartment should have an association of apartment owners for the administration of its affairs and also to manage the common areas and the facilities.
Joint responsibility of builder/resident: Second comes the joint responsibility of the builder/residents which means that when the developers construct the units, they should get the completion certificate and execute a sale in favor of the buyer and also it will be the joint responsibility of the developer and the apartment owner to form an association.
Developer duty bound to maintain the complex: The developer should be duty bound to maintain the complex. Until all the apartments in a project are sold or transferred, the developer of the project will have to proportionately share the maintenance cost of common areas and the facilities.
Handing over common facilities to the RWA: Fourth will be handing over the common facilities to the residents welfare association. Once an association of apartment owners is formed, the management of the affairs of the apartments has to be transferred from the developer to the association.
Annual elections: In the first quarter of each financial year, the annual general meeting of the association has to be organised. During this, a minimum of four and maximum 10 members should be elected, including the president, vice president, secretary and treasurer, who will be holding the office for a year.
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