UP Model Bye-laws Explained
Clause-by-clause explanation of the mandatory statutory Model Bye-laws notified under the UP Apartment Act 2010 — covering membership, voting rights, quorum, board elections, and financial limits.
Plain-Language Summary
Under Section 14(6) of the UP Apartment Act 2010, every Association of Apartment Owners (AOA) must adopt the statutory Model Bye-laws notified by the Government of Uttar Pradesh at its first meeting. Neither the builder nor the founding board can alter or dilute the core statutory Model Bye-laws during initial registration; any subsequent amendment requires a two-thirds majority resolution of the General Body and prior approval of the Competent Authority (GNIDA / Noida Authority / YEIDA).
1. Who Does This Guide Apply To?
- Every AOA being formed or registered under the UP Apartment Act 2010 and Societies Registration Act 1860.
- Board of Management (BOM) office bearers: President, Vice-President, Secretary, Treasurer, and Members.
- All apartment owners exercising voting rights in Annual or Special General Body Meetings (AGBM/SGBM).
- Joint apartment owners, tenants (occupancy observance), and resident welfare sub-committees.
2. Essential Clauses of the UP Model Bye-laws
Automatic Membership & One-Flat Voting Rule
Clauses 4 – 9Every person who has purchased an apartment and executed an instrument/sub-lease automatically becomes a member of the Association upon paying the nominal Rs. 1,000 membership fee. Joint owners together exercise one combined vote per apartment. Members in arrears of maintenance dues for over 60 days may be restricted from voting until dues are cleared.
General Body Meetings (GBM), Notice Period & Quorum
Clauses 12 – 17Annual GBM must be held every year; Special GBM can be called by the President, Board, or on requisition by 1/3rd of members. Notice of 14 clear days is required for regular GBMs. If quorum is not met within the scheduled time, the meeting stands adjourned to the next week at the same venue and time, where present members form a valid quorum.
Board of Management (4 to 10 Members) & Annual Rotation
Clauses 18 – 26The affairs of the AOA are governed by an elected Board of Management consisting of not less than 4 and not more than 10 members (President, Vice-President, Secretary, Treasurer, and Executive Members). One-third of the Board members retire annually by rotation, ensuring continuity and democratic accountability.
Bank Account Operations, Spending Limits & Annual Statutory Audit
Clauses 35 – 44All AOA funds must be kept in a nationalized or scheduled bank account operated jointly by the Treasurer and the President or Secretary. Unbudgeted emergency capital expenditure beyond prescribed limits requires General Body approval. Accounts must be audited every financial year by a Chartered Accountant before 31st July.
3. Checklist for Adopting Model Bye-laws in Your Society
Need Standardized Legal & RTI Drafts?
Access ready-to-use RTI applications, 14-day GBM notices, and statutory builder handover demand letters.
Related References & Official Links
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