"association of apartment owners" means all the owners of the

Dear RWAWe 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 bye-laws 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 byelawsFrom 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.