Frequently Asked Questions & Glossary
Answers to key legal and procedural questions on AOA transition, plus a bilingual glossary of statutory terms used across GNIDA, Noida, and YEIDA.
Frequently Asked Questions (FAQ)
Can residents form an AOA if the builder refuses to cooperate or sign?
Yes. Under Section 14(2) of the UP Apartment Act 2010 and settled Allahabad High Court precedents, if the statutory threshold (33% occupation or 60% allotment) is met and the promoter fails to form the AOA despite written notice, apartment owners have the statutory right to convene a General Body Meeting with 14 days notice, adopt the UP Model Bye-laws, and apply directly to the Deputy Registrar of Societies.
How can we get a copy of our society’s Deed of Declaration (Form A) if the builder hides it?
File a Rs. 10 Right to Information (RTI) application with the Planning / Group Housing Department of your respective Authority (GNIDA, Noida Authority, or YEIDA) requesting a certified copy of the initial DoD and all amended DoDs along with sanctioned maps. You can also obtain a certified copy from the Sub-Registrar office (IGRS UP) if it was registered.
What happens if the first General Body Meeting (GBM) does not reach the required quorum?
Under Clauses 14–16 of the UP Model Bye-laws, if quorum is not present within the stipulated time, the meeting stands adjourned to the same day of the next week at the same time and place (or as notified). At the reconvened adjourned GBM, the apartment owners present in person form a valid legal quorum.
Is the builder required to transfer the IFMS / Sinking Fund to the AOA after registration?
Yes. Under Section 14(5) of the UP Apartment Act 2010, the entire balance of the Interest-Free Maintenance Security (IFMS) / Corpus / Sinking Fund along with accrued interest and audited accounts must be transferred to the AOA immediately upon its registration.
Can the builder sell stilt/basement parking or convert club areas into commercial shops?
No. Under Section 5 of the UP Apartment Act 2010 and the Supreme Court ruling in Nahalchand Laloochand vs. Panchali Cooperative Housing Society, common areas, clubs, parks, and stilt/basement spaces constructed within common FAR belong collectively to the apartment owners as undivided interest and cannot be sold independently by the promoter.
Glossary-Locked Statutory Terms (EN / HI)
Standardized legal and technical acronyms used across official documents, deeds, and RTI applications.
The statutory body of all apartment owners formed under Section 14 of the UP Apartment Act 2010 and registered with the Deputy Registrar of Societies to manage common areas and funds.
Mandatory statutory declaration filed by the builder under Section 4 specifying land area, sanctioned units, common facilities, and each flat’s undivided percentage share.
Long-term reserve corpus collected from buyers at possession for major capital repairs/replacements; held in trust and transferable to the AOA upon registration.
Official certificate issued by GNIDA, Noida Authority, or YEIDA confirming that towers have been built according to sanctioned plans with fire, lift, and structural clearances.
The ratio of total permissible built-up floor area to the total plot area sanctioned by the Development Authority.
The supreme decision-making assembly of all apartment owners of a society, convened with at least 14 days notice.
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