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Dear RWA

We would like you to shed light on some key issues agitating the minds of the
residents at large .
Chapter IV -14(2) of the U.P. Apartments Act (UPAA in short) lays down the
procedure for the formation of an RWA as follows
It shall be the joint responsibility of the promoter and the apartment owners to
form an Association. The promoter shall get the Association registered when
such number of apartments have been handed over to the owners which is
necessary to form an association or 33% of apartments.
Was the above methodology observed while forming the RWA? Did the
apartment owners at large, or the promoter (builder) have any role in its
formation ?
Chapter 14(6) of the UPAAlays down
The Government may by notification in the gazette frame model bye-laws in
accordance with which property referred to in subsection (1) shall be
administered by the Association of Apartment Owners and the Association
shall, at its first meeting, make its byelaws in accordance with the model byelaws so framed, and in making its bye-laws the Association of Apartment
Owners shall not make any departure from, variation of, addition to, or omission
from, the model bye-laws aforesaid except with the prior approval of the
competent authority.
Please confirm that your byelaws (which have not been circulated till date) were
framed in compliance with the above instruction and that it contains all the
mandatory fields listed in 14(6) of the UPAA.
It is reported that your byelaws contains a clause to the effect that elections
of the RWA will be held every 5 years . If so, how is it that the elections are
being held before the due date without amending the byelaws or seeking the
approval of the competent authority ? Perhaps the operation of this clause has
been suspended for the time being only to be revived after the elections , so
that the office bearers elected by a restricted vote can continue comfortably
in their chairs for the next 5 years . That means the provisions of your byelaws
are there to be observed or flouted as per your convenience .

Chapter 1 (3e) of the UPAA defines RWA as follows


"association of apartment owners" means all the owners of the apartments
therein, acting as a group in accordance with the byelaws
From the above it is clear that membership of the RWA can not be delayed or
denied to any person who becomes eligible for the same by acquiring ownership
of a flat . It follows that he has to be granted membership of the RWA and the
right to vote even if he acquires a flat three days before the elections.
Please clarify under what provision of the UPAA membership has been
suspended till further notice .
Please also explain why the voter list could not be displayed prominently in the
colony instead of being posted in some website where it can not be accessed. Is
it because the RWA did not want to attract undue attention to the fact that it
had illegally de-enfranchised the vast majority of flat owners ?
The reason for appointing a member of the RWA fan club as the Returning
Officer, rather than an impartial external authority, is too obvious to require an
explanation .
Honest response to the above queries will expose the magnitude of the fraud
that is being perpetrated on this society.
The Estate Manager is hereby informed that any assistance extended to the
fraudulent elections will amount to abetment of an unlawful act.