Uttar Pradesh Apartment Act – Common Expenses

Common expenses are of two kinds : one, general common expenses incurred in running, maintaining the common areas and facilities which is referred to as the Annual Maintenance Contract (AMC), second type of expenses declared as expenses for which the resolution of the general body of the association is required, therefore, every and any kind of expenses cannot be included in the Annual Maintenance Contract, therefore, any default in payment of such expenses would not debar a member from participating in the election. It is only the common expenses which being the Annual Maintenance Contract which is paid by the residents/apartment owners would be entitled to participate in the activities of the association including elections. Resident Welfare Association v. State Of U.P., 2016 (114) ALR 404.

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