Society Registration Process & Handling Objections

1) Memorandum of Association (MOA) with names, addresses, occupations, and signatures of at least 7 founding apartment owners; 2) Adopted UP Model Bye-laws certified by office bearers; 3) Certified copy of 14-day GBM Notice and GBM Attendance + Minutes; 4) Sub-lease deed / registry copies + ID proofs of founding members; 5) Affidavit of non-relationship and office address proof.

Legal Reply: The Allahabad High Court has repeatedly held that once part Occupancy Certificate (OC) / Completion Certificate is issued or 33% of flats are occupied, the builder cannot use ongoing construction of remaining towers to deny existing residents their statutory right to form an AOA under Section 14(2).

Legal Reply: While Section 14 places the primary duty on the promoter to facilitate registration, a promoter cannot take advantage of its own statutory default. Attach copies of notices sent to the builder proving that residents invited the builder to fulfill its duty before convening the GBM.

After registration, the AOA must file the annual list of elected office bearers and audited balance sheet every year under Section 4 of the Societies Registration Act, and renew the certificate every 5 years under Section 3A.