Re: AOA Membership Limited to 190 Residents as per Your Own Voters List – Clarification on Representation

[CZAR AOA (APARTMENT OWNER'S ASSOCIATION)]

Dear Mr. V. K. Sharma,

This is in reference to your email wherein you have raised objections regarding the membership list, AOA representation, and the ongoing membership drive.

At the outset, your claims are factually incorrect, legally untenable, and based on a completely misleading narrative which is being repeatedly circulated by you and your group members.

1. Legal Position on Membership – As per UP Apartment Act, 2010

1.1 Membership Is Governed by Section 14 & 15 of UP Apartment Act, 2010

✔ Section 14(1)

Every apartment owner becomes a member of the Association after applying for membership and submitting the prescribed documents and fee

✔ Section 15(2)

The Association shall maintain a register of members, and only those who have applied and fulfilled the membership requirements shall be included in the register.

Therefore, membership is not automatic, and cannot be presumed without completing the mandatory process.

This is exactly what the AOA has been consistently following.

2. AOA Bye-Laws – Membership Clause (As Already Shared With All Residents)

Your claim that 1270+ residents have been “removed” is false.

As per our bye-laws:

Bye-Law 4.1 – Eligibility for Membership

Any apartment owner who submits a duly signed membership form along with supporting documents and the prescribed membership fee of Rs one thousand shall be enrolled as a member.

Bye-Law 4.4 – Register of Members

Only those who have applied and completed membership formalities are entitled to voting rights and participation in AOA affairs.

Bye-Law 4.8 – Membership Fee

The membership fee is prescribed under the bye-laws and approved by the General Body.

3. Membership Drive – Running since August 2025(Open to All)

It is important to clarify:

✔ The membership drive has been open for every resident for the last 4 months.

✔ AOA has repeatedly encouraged all residents to take membership.

✔ Regular reminders and public notices have been issued.

However, you and your team have consistently been spreading false narratives, discouraging residents from becoming members, and provoking them through misleading interpretations.

Such activities are:

Against the UP Apartment Act, 2010,

Against the Societies Registration Act, 1860, and

Harmful to the collective interests of the society.

Under Section 20 of the UP Apartment Act, no resident or group can obstruct or interfere with the functioning of a registered Association.

Your actions constitute obstruction, misinformation, and deliberate disruption of legally mandated processes.

4. False Statement: “AOA has removed 1270+ residents”

This statement is completely fabricated.

AOA has not removed a single resident.

In fact:

✔ AOA has requested everyone to take membership.

✔ All 1472 possession holders are eligible, but only those who submitted forms and documents were included in the list—as required by law.

✔ You cannot claim membership without completing mandatory documentation.

5. Misleading Claim About Representation

Your assertion that AOA “cannot represent non-members” is legally incorrect.

Under Section 12 & 14 of UP Apartment Act, 2010:

A duly registered AOA represents the entire project for common areas, maintenance, legal proceedings, and statutory obligations.

The Association's authority does not shrink simply because some residents choose not to take membership.

Therefore, your unilateral declaration that “AOA cannot represent 1270+ residents” has no legal standing.

6. Your Threat to Block Handover / Funds

Please note:

Under the UP Apartment Act:

Handover of maintenance and funds is governed strictly by Section 13, Section 14 and Section 28.

A group of non-members cannot obstruct a statutory process.

Courts do not consider self-created groups, but only the registered association.

Your threat to “block handover before NCLAT” is baseless and appears to be intended only to create confusion among residents.

7. Clarification for Residents & Stakeholders

The official position is:

The AOA continues to be the only legally registered body under the UP Apartment Act & Societies Registration Act.

All decisions are taken as per law and bye-laws.

Membership remains open to every apartment owner.

Residents are free to apply even today by submitting the form and fee.

Your private group does not have any legal status under the Act.

8. Request to Cease Misleading Communications

You are hereby advised to:

Stop spreading incorrect interpretations of the law,

Stop provoking residents against membership, and

Stop issuing unauthorized statements in the name of “1270+ residents”.

If such activities continue, the AOA reserves the right to take legal and statutory action under:

Section 20 – UP Apartment Act (Obstruction of AOA functioning)

Section 5 & 12 – Societies Registration Act (Circulation of false information)

Applicable provisions of IPC related to public mischief and misinformation 

Conclusion

Your email is based on:

Incorrect assumptions,

Misinterpretation of legal provisions, and

Deliberate distortion of the membership process.

The AOA continues to function strictly as per the UP Apartment Act, 2010, Society Bye-Laws, and applicable directives.

Residents are again requested to join the AOA by submitting the membership form, as mandated by law.

For any further clarification, please feel free to contact the AOA.

We are also attaching herewith the clarification issued by the Deputy Registrar, Ghaziabad, dated 06 December 2025. This official communication reaffirms the legal position regarding automatic membership by ownership, the requirement of ₹1000 entry fee for recording membership, and the mandate of a single AOA for the entire demarcated area. This letter conclusively settles the issues raised in your email and confirms that the AOA is functioning strictly in accordance with the U.P. Apartment Act, 2010 and the registered Bye-laws.

Regards,

CZAR AOA Team

cza...@gmail.com

http://www.czaraoa.in/ 

Supertech CZAR Suites,

Omicron 1, Greater Noida,

Gautam Buddha Nagar, UP 201310

On Thu, 11 Dec, 2025, 08:14 V K SHARMA, <vksh...@grahakvakil.com> wrote:

Dear AOA Office Bearers,

This is to formally bring to your notice that, as per the voters list issued by you, only 190 residents have been treated as members of your AOA, thereby disqualifying more than 1270+ residents out of the total 1472 possession holders of Supertech Czar Suites.

We respectfully accept your decision of removing 1270+ residents from AOA membership. We fully understand that, based on your past performance and experience, your AOA has repeatedly been unable to manage or represent the interests of such a large residential community. In fact, your newly initiated ₹1000/- re-entry membership drive has only helped us realize and appreciate that we are no longer members of your AOA.

Accordingly:

1. You are no longer authorized to lead, represent, or make any decisions on behalf of the 1270+ non-members in any meeting, forum, or legal platform.
2. Any decision taken by your AOA is binding only on your 190 members, and not on the majority of residents who have been excluded by you.

We request you to kindly focus on your limited group of 190 members, ensuring their satisfaction through performance and responsible administration. If any of them wishes to join our Resident Welfare Banner, they are welcome.

This communication serves to officially inform you not to represent or speak on behalf of the 1270+ non-members, since you have already declared us as non-members through your own membership policy.

Please also note that:

• We have already informed all relevant stakeholders, including the maintenance agency, of this status.
• We will shortly file our submissions before the Hon’ble NCLAT, requesting that no handover of maintenance or funds be considered based on the decisions of a body representing merely 10–12% of residents.
• Any decision taken without our approval shall be treated as unacceptable and non-binding.

Thank you.

Regards,
Advocate V. K. Sharma
Authorised Representative – Residents’ Non Members of AOA Unified Group
Resident, Villa No. 17A
Supertech Czar Suites
Omicron 1, Greater Noida