Apartment owners' association registration triggers handover of maintenance; seal formalities and collateral objections cannot block transfer.

Rule 55 of the Uttar Pradesh Apartment Rules, 2010, governing the association's common seal and attestation of deeds or instruments, did not apply to tribunal applications supported by affidavits, so the maintainability objection failed. On registration of the apartment owners' association, Section 14(5) required transfer of management of common areas and facilities to the registered association, and collateral objections about pending challenges or completion formalities did not defeat that statutory entitlement. Maintenance was therefore directed to be handed over to the registered associations within the time fixed by the Tribunal, under IRP supervision.

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Issues: (i) Whether the applications were not maintainable for want of compliance with Rule 55 of the Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Rules, 2010. (ii) Whether, on registration of the apartment owners' association, the maintenance of the project was liable to be handed over to the association under Section 14(5) of the Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Act, 2010.

Issue (i): Whether the applications were not maintainable for want of compliance with Rule 55 of the Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Rules, 2010.

Analysis: Rule 55 concerns the common seal of the association and the attestation of deeds or instruments to which the seal is affixed. The applications were not deeds or instruments executed by the association but applications filed before the Tribunal and supported by affidavits sworn by the presidents of the respective associations. The objection based on absence of seal and attestation was therefore not attracted to the proceedings.

Conclusion: The objection to maintainability was rejected and the applications were held to be maintainable.

Issue (ii): Whether, on registration of the apartment owners' association, the maintenance of the project was liable to be handed over to the association under Section 14(5) of the Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Act, 2010.

Analysis: The associations were registered and their registrations were current. A large majority of allottees had taken possession, and the respondents' objections regarding pending challenges to registration and alleged completion-related requirements were not treated as defeating the statutory position. Section 14(5) contemplates transfer of management of common areas and facilities to the apartment owners' association upon formation of the association, and the Tribunal followed its earlier view that the maintenance agency could not refuse handover once the statutory conditions were met.

Conclusion: The respondents were directed to hand over maintenance to the registered associations within the time fixed by the Tribunal, under the supervision of the IRP.

Final Conclusion: The Tribunal granted both applications and directed transfer of maintenance to the respective registered apartment owners' associations, while leaving the respondents free to pursue dues against allottees in accordance with contract.

Ratio Decidendi: Once an apartment owners' association is validly registered and the statute deems the management of common areas and facilities to stand transferred, objections not going to the core statutory entitlement, including those based on the association seal formalities or pending collateral disputes, cannot defeat the obligation to hand over maintenance.

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