AOA versus RWA
I would like to know difference between apartment owners association and Rwa. We have an apartment in g. Noida where a tussle is going on to move to aoa. What is timeline for it. Is it mandatory? more
Viewed by 161
View all 11 comments Below 11 comments
http://shreem.org.in visit us for best in class & cost effective integrated facilities management services more
Jan 13
http://shreem.org.in visit us for best in class & cost effective integrated facilities management services more
Jan 13
There is difference between the two. Nomenclature is not a deciding factor. In substance, The UP Apartment Act,2010 mandates formation of an Association of Apartment owners for every apartment in UP. It is mandatory for all the apartment owners to become a member of the Association. The nomenclature of the association is given as Apartment owners Association (AOA) under the Act. UP Apartment Act prescribes a standard Bye laws for the association of Apartment owners (AAO) for the maintenance of common spaces and facilities which are inseparable part of the apartment. AAO and AOA are the same. If the members of an apartment choose to name their association as RWA, there is no legal bar, however, the affairs thereof would be governed strictly by the Apartment Act. The rights, duties, liabilities of builder, flat owners and AOA is prescribed under the Act and the Byelaws. There is uniformity in the formation, purpose etc of all AOAs. Association with the nomenclature RWA is generally formed in the sectors/locality where individual houses are built on plots. Formation of RWA is not a legal mandate but a matter of convenience and agreement of the plot holders. RWA is generally registered as a society under the Societies Registration Act. The purpose, object etc of RWA may be different. There is no legal compulsion on the plot holders to become a member of RWA. So the legal regime governing the RWA and AOA is different. more
Oct 25
Dear Shiv AGWL, I just shared the information , I had and tried to clear the confusion between AAO, AOA and RWA as per the prevailing ACT. I agree with you that GDA is the ultimate culprit who is having nexus with Builders. Here I will like to correct "Certificate-A" as "Form of Declaration in Form A" under Rules-2011. This Form of Declaration is our ultimate solution. it should be part of our "deed of apartment"(so called registry) but nothing is being followed by GDA. more
Sep 24
Below is the definition of AAO (so called AOA) in clause 3(e) of UP apartment Act, 2010 (e) "association of apartment owners" means all the owners of the apartments therein, acting as a group in accordance with the byelaws; I request all to call it AAO not AOA. @SHIV AGWL: As per the High Court Order dated 14.1.2013, tenets are also members of AAO as given below the wordings of concerned Order (3) The apartment owner under Section 3 (d) will not only the person or persons owning an apartment or the promoter or his nominee in case of unsold apartments with an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed ofApartment and includes the lessee of the land on which the bulding containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more; it includes the spouse and children of the apartment owner and a lawful tenant of the allottee/ owner of the allotment, which will also include officer or employee of the company/ firm or association, which owns an apartment under a valid allotment letter and its tenant. It will also include a person holding valid power of attorney of the allottee/ owner of the apartment, where it is owned individually, jointly or in the case of a company/ firm/ society and occupied withtout any right of occupation either as family member, tenant, employee or person holding power of attorney will not be included in the definition of apartment owner. more
Sep 23
