LexThe Gujarat Ownership Flats Act, 1973
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF GUJARAT LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT GUJARAT ACT NO. 13 OF 1973 The Gujarat Ownership Flats Act, 1973 (As modified upto the 31st October, 2012) [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 THE GUJARAT OWNERSHIP FLATS ACT, 1973 CONTENTS PREAMBLE. SECTIONS. 1. Short title, extent and commencement. PART I Regulation of Promotion of Construction, Sale, Management and Transfer of Ownership Flats. 2. Definitions. 3. General liabilities of promoter. 4. Promoter before accepting advance payment or deposit to enter into agreement and agreement to be registered. 5. Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefore and disburse them for purposes for which given. 6. Responsibilities for payment of outgoings till property is transferred. 7. After plans and specifications are disclosed no alterations or additions to be made without consent or pers ons who have agreed to take the flats; and defects noticed within a year to be rectified. 8. Refund of amount paid with interest for failure to give possession within specified time or further time allowed. 9. No mortgage etc. to be created without conse nt of parties after execution of agreement for sale. 10. Promoter to take steps for formation of co-operative society or company. 11. Promoter to convey title, etc., and execute documents according to agreement. 12. General liabilities of flat-taker. 13. Manager not to cut off withhold, curtail or reduce essential supply or service. 14. Part to be in addition to Transfer of Property Act and to over -ride contract to the contrary. 15. Application of certain provisions to flats already in existence. 16. Part not to apply to Gujarat Housing Board. PART II. Provisions For Ownership of Apartments. 17. Application of Part. 18. Definitions. 19. Apartments to be heritable and transferable. 20. Ownership of apartment. 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 3 of 20 SECTIONS. 21. Common areas and facilities. 22. Compliance with covenants, bye-laws and administrative provisions. 23. Certain work prohibited. 24. Encumbrances against apartments; removal from encum brances, effect of part payment. 25. Common profits and expenses. 26. Contents of Declaration. 27. Contents of Deeds of Apartments. 28. Declarations, Deeds of Apartments and copies of floor plans to be registered. 29. Removal from provisions of Part. 30. Removal no bar to subsequent resubmission of property to Part. 31. Bye-laws. 32. Waiver of use of common areas and facilities; abandonment of apartment. 33. Separate assessment. 34. Charge for property of common expenses. 35. Joint and several liability of vendor etc. for unpaid common expenses. 36. Insurance. 37. Disposition of property; destruction or damage. 38. Action. 39. Part to be binding on apartment owners, tenants, etc. 40. Removal of doubt. 41. Amendments to Guj. XXVIII of 1961. PART III General. 42. Offences by promoter. 43. Offences by companies. 44. Power of make rules. Schedule. [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 GUJARAT ACT NO. 13 OF 1973.1 οͺ [The Gujarat Ownership Flats Act, 1973.] (First published, after having received the assent of the President in the "Gujarat Government Gazette" on the 28th June, 1973.) [28th June, 1973] An Act to regulate promotion of the construction of, and the sale, management and transfer of, flats on ownership basis and to provide for the owner- ship of an individual apartment and to make such apartment heritable and transferable. It is hereby enacted in the T wenty-fourth Year of the Re public of India as follows, namely :- 1. (1) This Act may be called the Gujarat Ownership Flats Act, 1973. (2) It extends to the whole of the State of Gujarat. (3) This section shall com e into force at once and the remaining provisions of this Act shall come into force in such areas, and on such dates as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas. PART I Regulation of Promotion of Construction, Sale, Management And Transfer of Ownership Flats. 2. In this Part and in Part III, unless the context otherwise requires- (a) "flat" means a separate and self -contained set of premises forming pa rt of a building and used or intended to be used for residence or office, or show -room, or shop or godown or garage; and includes an apartment. Explanation.-Each set of premises shall be deemed to be separate and self-contained notwithstanding that common provision is made for sanitary, washing, bathing or other conveni ences in respect of two or more sets of premises; (b) "prescribed" means prescribed by rules made under this Act; (c) "promoter" means a person who constructs or causes to be constructed , a block or building of flats for the purpose of selling on ownership basis some or all of them to other persons, or to a company, co -operative society or other asso- ciation of persons, and includes his assignees; and where the person who constructs or ca uses to be constructed and the person who sells are different persons, the term includes both. (d) "Registrar" means the Register as defined in the Gujarat Co -operative Societies Act, 1961, or, as the case may be, in the Companies Act, 1956; (e) conversion of a building or part thereof, into flats or apartments shall be construed as construction of a block or building of flats or, as the case may be, apartments; (f) the expressions "apartment" and "apartment owner" shall have the meanings respectively assigned to them in Part-II of this Act. 3. (1) Notwithstanding anything contained in any other law for the time being in force, a promoter who intends to construct or constructs a block or buildi ng of flats, all or some of which are to be taken or are taken on ownership basis shall, Short title, extent and commencement. Definitions. Guj. X of 1962. I of 1956. General liabilities of promoter. 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 5 of 20 in all transactions with person intending to take or taking one or more flats on ownership basis, be liable to give or produce, or cause to be given or produced, the information and the documents hereinafter in this section mentioned. (2) A promoter, who constructs or intends to construct such block or building of flats, shall- (a) make full and true disclosure of the nature of his title to the land on which the flats are constructed, or are to be constructed, such title to the land as aforesaid having been duly certified by an attorney -at-law, or by an advocate of not less than three years standing; (b) make full and true disclosure of all encumbrances on such land, including any right, title, interest or claim of any person in or over such land; (c) give inspection in seven days' notice or demand of the plans and specifications of the building built or to be built on the land, such plans and specifications having b een approved by the competent local authority as may be required under the law for the time being in force; (d) disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided; (e) disclose on reasonable notice or demand, if the promoter is himself the builder, the prescribed particulars as respect the design and the materials to be used in the construction of the building, and if the promoter is not himself the builder, disclose on such n otice or demand, all agreements (and where there is no written agreement, the details of all agreements) entered into by him with the architects and contractors regarding the design, materials and construction of the building; (f) specify in writing the d ate by which possession of the flat is to be handed over (and he shall hand over such possession accordingly); (g) prepare and maintain a list of flats with their numbers already taken or agreed to be taken, and the names and addresses of the parties, and the price charged or agreed to be charged therefor, and the terms and conditions if any on which the flats are taken or agreed to be taken; (h) state in writing, the precise nature of the organisation of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organisation of persons who have taken or are to take the flats; (i) not allow persons to enter into possession until a completion certificate, where such certificate is required to be given under any law, is duly given by the local authority (and no person shall take possession of a flat until such completion certificate has been duly given by the local authority); (j) make a full and true disclosure of all outgoings (inclu ding ground rent, if an y, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest on any mortgage or other encumbrances, if any); (k) make a full and true disclosure of such other infor mation and documents in such ma nner as may be prescribed; and give on demand true copies of such of the documents referred to in any of the clauses of this sub-section as may be prescribed at a reasonable charge therefor. [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 4. Notwithstanding anything contained in any other law for the time being in force, a promoter who intends to construct or constructs a block or building of flats, all or some of which are to be taken or are taken on ownership basis shall, before he accept any sum of money as advance payment or deposit, which shall not be more than 20 per cent of the sale price, enter into a written agreement for sale with each of such persons who are to take or who have taken such flats, and the agreement shall be registered under the Registration Act, 1908 and such agreement shall contain the prescribed particulars; and to such agreement there shall be attached such documents or copies thereof, in respect of such matters, as may be prescribed. 5. The promoter shall maintain a separate account in any bank of sums ta ken by him, from persons intending to take or who have taken flats, as advance or deposit, including any sums so taken towards the share capital for the formation of a co operative society or a company, or towards the outgoings (in cluding ground rent, if any, municipal or other local taxes, taxes on income, water charges, electricity charges, revenue assess ment, interest on any mortgage or other encumbrances, if any); and he shall hold the said moneys for the purposes for which they were given and shall disburse the moneys for those purposes, any shall on demand in writing by an officer appointed by general or special order by the State Government for the purpose, make full and true disclosure of all transactions in respect of that account. 6. A promoter shall, while he is in possession, and where he collects from persons who have taken over flats or are to take over flats sums for the payment of outgoings even thereafter, pay all outgoings (including ground rent, municipal or other local taxes, taxes on income, water charges, electricity charges, revenue assessment, interest on any mortgage or other encum brances, if any), until he transfers the property to the persons taking over the flats, or to the organisation of any such persons. 7. (1) After the plans and specifications of the building, as approved by the local authority as aforesaid, are disclosed or furnished to the person who agrees to take one or more flats, the promoter shall not makeβ (i) any alterations in the structures descr ibed therein in respect of the flat or flats which are agreed to be taken, without the previous consent of that person; or (ii) any other alterations in the structure of the building, or construct any additional structures, without the previous consent of all the persons who have agreed to take the flats. (2) Subject to sub-section (1), the building shall be constructed and completed in accordance with the plans and speci fications aforesaid; and if any defect in the building or material used, or if any u nauthorised change in the construction, is brought to the notice of the promoter within a period of one year from the date of handing over possession, it shall wherever possible be rectified by the promoter without further charge to the persons who have ag reed to take the flats, and in other cases such persons shall be entitled to receive reasonable compensation for such defect or change. Where there is a dispute as regards any defect in the building or materials used, or any unauthorised change in the cons truction, the matter shall, within a period of two years from the date of handing over possession and on payment of such fee as may be prescribed, be referred for dicision to the Housing Commissioner or to any officer not lower in rank than that of a Super intending Engineer as the State Government may by general or special order spe cify in this behalf. The Housing Commissioner or such officer shall after inquiry record his decision, which shall be final. Explanation.-In this section "Housing Commissioner" means the Housing Commissioner Promoter before accepting advance payment or deposit, to enter into agreement and agreement to be registered. XVI of 1908. Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given. Responsibilities for payment of outgoings till property is transferred. After plans and specifications are disclosed no alterations or additions to be made without consent of persons who have agreed to take the flats; and defects noticed within a year to be rectified. Guj. XX VIII of 1961. 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 7 of 20 appointed under the Gujarat Housing Board Act, 1961 or, as the case may be, the Rural Housing Commissioner appointed under the Gujarat Rural Housing board Act, 1972 having jurisdiction in the area in which the building is constructed. 8. If- (a) the promoter fails to give possession, in accordance with the terms of his agreement, of a flat duly completed by the date specified, or any further date or dates agreed to by the parties, or (b) the promoter for reasons beyond his control and of his agents is unable to give possession of the flat by the date specified , or the furt her agreed date and a period of three months thereafter, or a further period of three months if those reasons still exist, then, in any such case, the promoter shall be liable on dem and (but without prejudice to any other remedies which may be available against him) to refund the amounts already received by him in respect of the flat (with simple interest at nine per cent. per annum from the date he received the sums till the date the amounts and interest thereon are refunded), and the amounts and the interest shall be a charge on the land and construction if any thereon, in which the flat is or was to be constructed, to the extent of the amount due, but subject to any prior encumbrances. 9. No promoter shall, after he executes an agreement to sell any flat, mortgage or create a charge on the flat or the land, without the previous consent of the persons who take or agree to take the flats, and if any such mortg age or charge is made or created without such previous consent after the agreement referred to in section 4 is registered, it shall not affect the rights and interests of such persons. 10. (1) As soon as a minimum number of persons required to form a co -operative society or a company have taken flats, the promoter shall within the prescribed period submit an appli cation to the Registrar for registration of the organisation of persons who take the flats, as a co -operative society or, as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such appli cation for membership of a co -operative society or, as the case may be, of a company. Nothing in this section shall affect the right of the promoter to dispose of the remaining flats in acco rdance with the provisions of this Act. (2) If any property consisting of building or buildings is constructed or to be constructed and the a partment takers propose to submit the apartments to the provisions of Part II by executing Declarations and Deeds of Apartments as required by that Part, then the promoter shall inform the Registrar acco rdingly, and in such cases it shall not be lawful to form any co -operative society or company and each apartment owner shall be entitled to the exclusive ownership and possession of his apartment as provided in Part II. 11. A pro moter shall take all necessary steps to complete his title and convey to the organisation of persons, who take flats, which is registered either as a co -operative society or as a company as aforesaid, or to an association of flat -takers or apartment owners, his right, title and interest in the land and building, and execute all relevant documents therefor in accordance with the agreement executed under section 4 and if on period for the execution of the conveyance is agreed upon, he shall execute the conveyance within the prescribed period and also deliver all documents of title relating to the property which may be in his possession or power. 12. (1) Every person who has executed an agreement to take a flat shall pay at t he proper time and place the price, his proportionate share of the municipal taxes, water and elec tricity charges, ground rent (if any) and other public charges in accordance with his agreement with the promoter; and where a co -operative society or a comp any of persons taking the flats is to be constituted, co -operate Guj. 22 of 1972. Refund of amount paid with interest for failure to give possession within specified time or further time allowed. No mortgage etc. to be created without consent of parties after execution of agreement for sale. Promoter to take steps for formation of cooperative society or company. Promoter to convey title, etc., and execute documents according to agreement. General liabilities of flat- taker. [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 in the formation of such society or Company as the case may be. (2) Any person who has executed an agreement to take a flat and who, without reasonable excuse, fails to comply with or contra venes the provisions of sub - section (1) shall, on con viction, be punished with fine which may extend to two thousand rupees. 13. (1) No person, who is a promoter, or who is in charge of management or connected with the management of a block or building of flats whether as member of a managing committee, director, secretary or otherwise, or is responsible for the maintenance thereof (hereinafter in this section referred to as "the manager"), shall, without just and sufficient cause, either by himself or through any person cut off, withhold or in any manner curtail or reduce, any essential supply or service enjoyed by the person who has taken a flat or by any person in occupation thereof through or under him in respect of the flat taken, or agreed to be taken, by him. (2) The person who has taken or agreed to take the flat or the occupier may, if the manager has contravened the provisions of sub -section (1), make an application to the Court for a direction to restore such supply or service. (3) If the Court on enquiry finds that applicant or the person through or under whom he is in occupation has been in enjoyment of the essential supply or service, and that it was cut off or withheld or curtailed or reduced by the manager without just and sufficient cause, the Court shall make an order directing the manager to restore such supply or service before a date to be specified in the order. (4) The manager who fails to restore the supply or service before the date so specified shall for each day during which the default continues thereafter, be liable upon a further direc tion by the Court to that effect to fine which may extend to one hundred rupees. (5) Notwithstanding anything contained in any law for the time being in forceβ (a) in the City of Ahmedabad, the Court of Small Causes of Ahmedabad, (b) In any other area for which Court of Small Causes is established under the Provincial Small Causes Courts Act, 1887, such Court, and (c) elsewhere, the Court of the Civil Judge (Senior Division), shall have jurisdiction to decide any application made under sub -section (2) and no other Court shall have jurisdiction to entertain such application. No appeal shall lie from any order made on such application; but in the City of Ahmedabad, the Ahmedabad City Civil Court established under the Ahmedabad City Courts Act, 1961 and elsewhere the District Court may, for the purpose of satisfying itself that the order made was according to law, call for the case in which such order was made and the Court aforesaid or the Judge of the City Court or, as the case may be, the District Judge or any Judge to whom the case may be referred by the District Judge, shall pass such order with respect thereto as it or he thinks fit. (6) Any manager who contravenes the provisions of sub -section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both. (7) The offence under sub-section (6) shall be cognizable and shall not be triable by any Court inferior to that of a Magistrate for the City of Ahmedabad or a Magistrate of the First Class. Manager not to cut off, withhold, curtail or reduce essential supply or service. IX of 1887. Guj. XIX of 1961. 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 9 of 20 Explanation I .-In this section, essential supply or service in cludes the supply of water, electricity lights in passages and on stair -cases, and lifts and conservancy or sanitary service. Explanation II .-For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable t o the manager on account of which the essential supply or service is cut off by the local authority or any other competent authority. 14. The provisions of this Part, except where otherwise provided, shall be in addition to the provisions of the Transfer of. Property Act, 1882 and shall take effect notwithstanding anything to the contrary contained in any contract. 15. As respects flats which on the commencement of this Part have already been constructed, or converted, the provisions of sections 2, 6, 8, 9, 10, 11, 12, 13, 42, 43 and 44 shall apply subject to the following modifications, that is to say- (a) in section 2, in clause (c), the words "who constructs or causes to be constructed" occuring at both the places shall be read as if the words "who has constructed or caused to be constructed" had been substituted; (b) in section 8, if the date specified or agreed to has already passed at the commencement of Part I, then the promoter shall give possession within three months from such commencement; and if for any reasons beyond his control and of his agent, the promoter has been unable to give possession of the flat within three months from such commencement, he shall give posses sion thereof within a further period of three months if those reasons still exist; and thereafter the promoter shall be liable on demand to refund the amounts o n the terms and conditions provided in the said section; (c) in section 9, the words and figure "after the agreement referred to in section 4 is registered" shall be read as if the words "after the commencement of Part I" had been substituted; (d) in section 10, the words "As soon as a minimum number of persons required to form a co -operative society or a com pany have taken flats the promoter shall within the prescribed period" shall be read as if the words "Where the minimum number of person required to form a co -operative society or a company have taken flats, the promoter shall within three months from the commencement of Part I have been substituted; (e) in section 11, the words and figure "in accordance with the agreement executed under section 4" s hall be read as if the words "in accordance with any agreement made in respect thereof" had been substituted, and the words "within prescribed period" shall be read as if the words "within three months from the commencement of this Part" had been substituted." 16. Nothing in this Part shall apply to the Gujarat Housing Board constituted under the Gujarat Housing Board Act. 1961. PART II. PROVISIONS FOR OWNERSHIP OF APARTMENTS. 17. This Part applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Part by duly executing and registering a Declaration as hereinafter provided : Provided that, no property shall be submitted to the provisions of this Part unless it is mainly used, or proposed to be used for residential purposes. 18. In this Part, unless the context otherwise requires,- IV of 1882. Part to be in addition to Transfer of Property Act and to over-ride contract to the contrary. Application of certain provisions to flats already in existence. Part not to apply to Gujarat Housing Board. Guj. XXVIII of 1961. Application of Part. Definitions. [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 (a) "apartment" means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, intended to be used for residential purposes and with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway; (b) "apartment owner" means the person or persons owning an apartment and an undivided interest in the common areas and facilities in the percentage specified and established in the Declaration; (c) "apartment number" means the number, letter, or com bination thereof designating the apartment in the Declaration; (d) "association of apartment owners" means all of the apart ment owners acting as group in accordance with the bye-laws and the Declaration; (e) "bu ilding" means a building containing five or more apart ments, or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such buildings, and comprising a part of the property; (f) "common areas and facilities" unless otherwise provided in the declaration or lawful amendments thereto, means- (1) the land on which the building is located; (2) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair -ways, fire -es- capes and entrances and exits of the building; (3) the basements, cellars, yards, gardens, parking areas and storage spaces; (4) the premises for the lodging of janitors or persons emp loyed for the management of the property; (5) instal lations of central services, such as power, light, gas, hot and cold water, heating, refrigerations, air-conditioning and incinerating; (6) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use; (7) such community and commercial facilities as may be pro vided for in the Declaration; and (8) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normaly in common use; (g) "common expenses" means,- (1) all sums lawfully assessed against the apartment owners by the association of apartment owners; (2) expenses of administration, maintenance, repair or replacement of the common areas and facilities; (3) expenses agreed upon as comm on expenses by the association of apartment owners; (4) expenses declared as common expenses by the provi sions of this Part or by the Declaration or the bye-laws; 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 11 of 20 (h) "common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities re maining after the deduction of the common expenses; (i) " competent authority" means in relation to a building constructed or to be constructed by a Housing Board, the Housing Commissioner; and in any other case, the Registrar of Co -operative Societies as defined in the Gujarat Co - operative Societies Act, 1961; (j) "Declaration" means the instrument by which the property is submitted to the provisions of this Part as hereinafter provided, and such Declaration as from time to time may be lawfully amended; (k) "Housing Board" means the Housing Board constituted under the Gujarat Housing Board Act, 1961; (l) ''Housing Commissioner" means the Housing Commissioner appoin ted as such under the Gujarat Housing Board Act, 1961; (m) "joint family" means an undivided Hindu family and in the case of other persons, a group or unit, the members of which are by custom joint in possession or residence; (n) "limited common areas an d facilities" means those co mmon areas and facilities designated in the Declaration as reserved for use of certain apartment or apartments to the exclusion of the other apartments; (o) "majority or majority of apartment owners" means the apartment owners with 51 per cent. or more of the votes in accordance with the percentages assigned in the Declaration to the apartments for voting purposes; (p) "manager or Board of managers" means the manager or Board of managers of an association of apartment owners; (q) "person" includes a joint family; (r) "prescribed" means prescribed by rules made under this Act; (s) "property" means the land, the building, all improvements and structures thereon, all owned in freehold or held on lease or as occupant under any l aw relating to land revenue and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been, or are intended to be, submitted to the provisions of this Part. 19. Each apartment, together with the undivided interest in the common areas and facilities, appurtenant to such apartment, shall, for all purpose, constitute heritable and transferable immovable property within the meaning of any law for the time being in force in the State; and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortg age, lease, gift, exchange or in any other manner what soever, in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedies and to penalty, forfeiture and puni- shment as any other immoveable property, or make a bequest of the same under the laws applicable to the transfer and succession of immoveable property. 20. (1) Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment. Guj. X of 1962. Guj. XXVIII of 1961. Guj. XXVIII of 1961. Apartments to be heritable and transferable. Ownership of apartments. [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 (2) Each apartment owner shall execute a Declaration that he submits his apartment to the provisions of this Part and a Deed of Apartment in relation to his apartment in the manner prescribed for the purpose. 21. (1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property; and such percentage shall reflect the limited common areas and facilities. (2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have a permanent character, and shall not be altered without the consent of all of the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Part. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument. (3) The common are as and facilities shall remain undivided, and no apartment owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Part as provided in sections 29 and 37. Any covenant to the contrary shall be null and void. (4) Each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. (5) The necessary work of maintenance, repair and replace ment of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bye-laws. (6) The association of apartment owners shall have the irrevocable right, to be exercised by its manager or Board of managers, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repair and replacement of any of the common areas and faci lities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments. 22. Each apartment owner shall comply strictly with the bye - laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, cond itions an restri - ctions set forth in the Declaration or in the Deed of Apartment in respect of his apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due, for damages or injunctive relief or both maintainable by the manager or Board of managers on behalf of the association of apartment owners or, in a proper case, by an aggrieved apartment owner. 23. No apartment owner shall do any work which is likely to jeopardise the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament nor shall any apartment owner add any material structure or excavate any additional basement or cellar without in every such case the unanimous consent of all the other apartment owners being first obtained. Common areas and facilities. Compliance with covenants, bye- laws and admini- strative provisions. Certain work prohibited. 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 13 of 20 24. (1) Subsequent to recording the Declaration as provi ded in this Part and while the property remains subject to this Part, no encumbrance of any nature shall thereafter arise or be created or be effective against the property. During such period, encumbrances may arise or be created only against each apart ment and the percentage of undivided interest in the common areas and fac ilities appurtenant to such apartment, in the same manner and under the same conditions in every respect as encumbrances may arise or be created upon or against any other separate parcel of property subject to individual ownership: Provided that, if durin g the period any encumbrance has arisen or been created against such apartment and the percentage of undivided interest in the common arears and facilities, appurt enant to such apartment, no apartment and such percentage of undivided interest shall be par titioned or sub -divided in interest: Provided further that, no labour performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or sub-contractor shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882, against the apartment or any other property of any other apartment owner not expressly consenting to or requesting for the same, except that such express consent shall be deemed t o be given by the owner of any apartment in the case of emergency repairs thereto. Labour performed and materials furnished for the common areas and facilities, if duly authorised by the association of apartment owners, the manager or Board of managers in accordance with this Act, the Declaration or bye -laws, shall be deemed to be performed or furnished with the express consent of each apart ment owner and shall be the basis for a charge or encumbrances under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub-section (2). (2) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the percentage o f undivided interest in the common areas and facilities appurtenant to such apartments from the charge of encumbrance by payment of the fractional or proportional amounts attributable to each of the apartments effected. Such individual payment shall be com puted by reference to the per centages appearing in the Declaration. Subsequent to any such payment, discharge or other satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any ap artment and the percentage of undivided interest in the common areas and faci lities appurtenant thereto in respect of the charge or encumbrance not so paid, satisfied or discharged. 25. The common profits of the property sha ll be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities. 26. (1) The Declaration shall contain the following particulars, namely :- (a) Description of the land on which the building and improvements are or are to be located; and whether the land is freehold or leasehold. (b) Description of the building stating the number of sto reys and basements, the numbe r of apartments and the principal materials of which it is or is to be constructed. (c) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common Encumbrances against apartments; removal from encumbrances, effect of part payment. IV of 1882. Common profits and expences. Contents of Declaration. [ 1973 : Guj . 13 Gujarat Ownership Flats Act, 1973 area to which it has access, and any o ther data necessary for its proper identification. (d) Description of the common areas and facilities. (e) Description of the limited common areas and facilities, if any, stating to which apartments their use is reserved. (f) Value of the property and o f each apartment, and the percentage of undivided interest in the common areas and faci lities appertaining to each apartment and its owner for all purposes including voting, and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the Declaration. (g) Statement of the purposes for which the building and each of the apartments are intended and restricted as to use. (h) The name of a person to receive service of process in the c ases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town and village in which the building is located. (i) Provisions as to the percentage of votes by the apart ment owners which shall be determinative of whether to rebuild, repair, restore or sell the property in the event of damage or destruction of all or part of the property. (j) Any other details in connection with the property which the person executing the Declaration may deem desirable to set forth consistent with this Part. (k) The method by which the Declaration may be amended, consistent with the provisions of this Part. (2) A true copy of each of the Declaration and bye -laws and all amendments to the Declaration or the bye -laws shall be filed in the office of the competent authority. 27. (1) Deeds of Apartments shall include the following particulars, namely :- (a) Description of the land as provided in section 26 of this Act or the post-office address of the property, including in either case the liber, page and date of executing the Declaration, the date and serial number of its registration number under the Registration Act, 1908 and the date and other reference, if any, of its filing with the competent authority. (b) The apartment number of the apartment in the Declaration and any other data necessary for its proper identification. (c) Statement of the use for which the apartment is inten ded and restrictions on its use, if any. (d) The percentage of undivided interest appertaining to the apartment in the common areas and facilities. (e) Any further details which the parties to the deed may deem desirable to set forth consistent with the declaration and this Part. (2) A true copy of every Deed of Apartment shall be filed in the office of the competent authority. Contents of Deeds of Apartments. XVI of 1908. 1973 : Guj . 13 ] Gujarat Ownership Flats Act, 1973 15 of 20 28. (1) The Declaration and all amendments thereto and the Deed of A partment in respect of each apartment and the floor plans of the buildings referred to in sub - section (2) shall all be registered under the registration Act, 1908. (2) Simultaneously with the registration of the Declaration there shall be filed along with it a set of the floor plans of the building showing the lay out, location, apartment numbers and dimensions of the apartments, stating the name of the building or that it has no name, and bearing the verified statement of an architect certifying that it i s an accurate copy of portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located. If such plans do not include a verified statement by such architect that such plans fully and a ccurately depict the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment, an amendment to the Declaration to which shall be attached a verified statement of a n architect certifying that the plans thereto -fore filed, or being field simultaneously with such amendment, fully and accurately depict the layout, location, apartment number and dimensions of the apartment as built. (3) In all registratio n offices a book called "Register of Dec larations and Deeds of Apartments under the Gujarat Ownership Flats Act, 1973" and index relating thereto shall be kept. The book and the index shall be kept in such form and shall contain such particulars as the State Government may prescribe.
Excerpt shown. Open the full act in Lexace.