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Comments on the U.P.Apartment Rules – 2011
The U.P.Apartment Act 2010 is a welcome step taken by the Government of U.P. to enforce greater transparency and fair dealing in the purchase, transfer, management and maintenance of the Apartments of the specified norms and category. The Act when properly implemented with due support of the relevant rules will resolve almost all the prevalent disputes between the promoters/builders and the purchaser( apartment owners) may help in creating better confidence and relation ship among the promoter/builder the purchaser/ the apartment owner and the financers.Although an exhaustive exercise has been done in drafting the proposed rules for implementation of the Act, yet few factors are yet to be considered while finalizing these proposed rules. Some of the views are presented as below by the RWA Federation Ghaziabad :Form of Declaration FORM-A The declaration form is the key aspect and the backbone of the Act and it should be adopted judiciously. In high rise buildings the structural plans and the construction of various structures is not only a very sensitive issue but it requires very fine tuned planning. The plans are prepared after considering the quality of the soil, its capacity and the capability. They take into consideration the total strength of the coloumns, the vibrations effecting the geophysical movements, entire mass of the structure and the related multiple issues.Therefore there should not be allowed any modification in the design, plan and pre approved specification of the structures in the name of compounding ,modification and the revision of the FAR and such other things. The reasons for such a recommendation, in addition to the factors already mentioned above are reiterated as below • The structural quality of the building can not be properly checked for modifications once it is constructed, as it is inter related to number of factors. • The promoter/ builder, while determining the super area of an apartment already take into consideration the entire common area and the planned area hence any addition in the total constructed area and reduction in the common area would be an illogical step, as the promoter has already charged the value of all such area and facility while announcing the plan and sale of the apartment. If it is done It will amount to the resale of the part of the property for which value has already been collected. • While purchasing a property the willing buyer always takes into consideration the location and the location advantages, the open area and its allocation in the building and the common area and facilities promised. • The roof top rights in high rise buildings should not be sold to any one and it should be a common area. The rooftops of the high rise buildings have number of fixtures meant for common use and facilities and the owner who purchase the roof rights are a major hindrance even at the time of emergency. Explanation Incidences have come to notice that the original plan approved by the Development authority was for X number of vertical stories and the entire structural plan was executed to suit the requirements. Later on additional stories are added and additional
structures like terraces, additional basements etc were constructed after paying compounding fee, but the additional structure do not remain compatible to the original plan, despite some basic attention by builders/promoters. It even effects the drainage and general strength of the building and contains the problems of almost permanent nature. The revision in FAR effects the open area for which an apartment owner has already paid in the form of super area. Such modification do have impact on the geophysical viability of the structures as the basic work was done only for the originally planned structures, air tunnels, open ness of the coloumns etc. Suggestion • For the high rise buildings as well a for other condominiums the Appendix A should essentially be adhered to and no modification in the originally announced and approved plan should be allowed in the name of compounding and revision of the FAR. • Roof rights should , in any case, not be sold to any individual . • Although the sale of parking area by the promoters or builders is illegal it is a common practice in existence even today.After the transfer of the maintenance and the management of the common area and the facilities the promoter/builder should not be allowed to sell/allocate the parking area etc against payment in the name of the management/maintenance of the lot. The continuance of this practice is resulting in the chaotic condition. EXIBIT B Model By-Laws Chapter I Rule 6: In case of the joint owners the names of both the owners should figure out in the list but only one of the owners should be allowed to vote. Chapter IV Rule 19 The board of management may also be termed as the executive committee of the Association. In the committee there should be a representation of at least two women. The total strength of the member of the executive including the key office bearers may be maximum 16. The executive should also have one special invitee (Without any voting rights) nominated by the promoters for sustained linkage with the association Rule 23 (i) Election of the board of the management/the Executive committee including the Key Office bearers Instead of electing the office bearers or the representatives in the GBM it self it would be proper if the GBM nominates unanimously a returning officer to conduct the election with a specific time schedule from among the residents and a assistant returning officer will be nominated by the designated returning officer. For example it may be Notification of election next day of GBM Nomination of candidates within a maximum of seven days Scrutiny next day of the nomination Withdrawal of names next day of screening and final publication of the candidatures Election seventh day of the final notification of the candidates. The process will help in minimizing chaos. In case there is no unanimity in the name of the returning officer, the Association may take assistance of the federation of the associations.
(ii) The term of the office bearers( the members of the executive committee and the office bearers) should be uniform. Two years may be proper. The managers : This term creates confusion. The term manager should be applied for the employee of the association as a manager. The Board of management must be designated as the members of the executive including the office bearers. Rule 46 Investment: It would be proper to give more clear picture about the investments. In addition to the Central or State Cooperative Bank the freedom should be provided for depositing the funds of the Association in the Nationalised and or the scheduled banks too on competitive benefits of returns Investment in securities should be minimum or not at all Amendment of Model Rules The model rules are just a guide line. Every flat owner association will have some different set of conditions according to space, time and individuals. Therefore, prescribed model rules should be permitted to be amended by simple majority of the Flat Owners Associations.
(Col Tejandra Pal Tyagi) Chairman RWA Federation Ghaziabad
(Pritam Lal) Gen Secy (C) RWA Federation Ghaziabad