The Haryana Apartment Ownership Act, 1983(10 of 1983)
Haryana · state statute
Open in Lexace · Ask the AI about this actRegd. No. NW/C H-3 tev A C - • E)arpanai4i-ointninenti 4 ', /otttt EXTRAORDINARY Published by Authority *Govt, of Haryana CHANDIGARH, WEDNESDAY, SEPTEMBER 28, 1983 (ASvINA 6, 1905 SAKA) LEGISLATIVE SUPPLEMENT CONTENTS Pages •Part I Acts The Haryana Apartment Ownership Act, 1983. (Haryana Act No. 10 of 1983) .. 149-159 1. The Haryana Appropriation (No. 3)!Act, 1983161-162 (Haryana Act No. 11 of 1983) Part II Ordinances N i l Part III Delegated Legislation Ni! Part IV Correction Slips, Republications and Replacements. NI ! Pric e : 60 raise. (mil) Altle ANA GOVT OA2. (tXTRA.), SEPT. 28, 1983 149 * (ASVN. 6, 1905 SAKA) PART I LEGISLATIVE DEPARTMENT Notification The 27th September, 1983 No. 13-Leg./83.—The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 26th September, 1983, and is hereby published for general information Haryana Act No. 10 of 1983 , THE HARYANA APARTMENT OWNERSHIP ACT, 1983. AN ACT to provide for the ownership of an individual apartment in a building and to make such apartment heritable and trqnsferabk property and matters connected therewith. BE it enacted by the Legislature of the State of Haryana in the Thirty- fourth Year of the Republic of India as follows :- 1. (1) This Act may be called the Haryana Apartment Ownership Short title and Act, 1983. commencement. (2) It extends to the whole of the State of Haryana. (3) This Act shall come into force in such areas and on such dates as ' the State Government may, by notification, appoint and different dates niay be appointed for different areas. 2. This Act applies only to property, the sole owner or all the owners Application of of which submit the same to the provisions of this Act by duly executing Act. 4 • . • • • • r • • r ana registering aeciaration as hereinafter provided : Provided that no property shall be submitted to the provisions of this Act unles s it is used or proposed to be used for residential purposes. 3. In this Act, unless the context otherwise requires,— (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 narts 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 undivided interest in the common areas and. facilities in the percentage specified and established in the declaration; Definitions. 15() FIARYAN'A GOVT GAZ. (EXTRA.), SEPT. 28, 1983 (AWN. 6, 1905 SAKA) (c) "apaitment number" means the nuinber, letter or combination thereof dcs;gmio-ing the apartment in the declaration ; (d ) "association of apartment owners" means all the apartment owners Let.a;,,, as a group in accordance with the bye-laws and the declaration: "buildinv" . m tans a nuilding containing five or more Apartments or two of more buildings, each containing two or more apartments, with a to>.al ffe or more apartments for all such buildings and comprisinQ a part of the property; ( f ) "CtiflUTI Oft are as and f:,i/itics" unless otherwise provided In th e declaration or lawful amendments thereto, means (1) the land on vvhieh tht huilJing is loeated ; (2) the foundations, eoluinrb, girders, beams, supports, main walls, roofs, nails, corridors, lobbies, stairs, stair ways, fire escape 5 and entrances and exits of the building ; (.i) the b.iseracaits, eellars. yards, gardens, parking area and storage spaces : (4) the premises for the lodging of janitors or persons employed for IL? management of the property ; (5) installation of central set vices such as power, light, gas, hot and evid viater, heating, refrigeration, air conditioning and incinerating ; (6) the Q k v d t o s, tank:;, pumps, motors, fans, compressors, ducts and in !•caii ral all apparatus and installations existing for common use; (7) such. eoannunit) and eominercial facilities as may be provided for in the declaration and (8) (g) (1) an other parts of the property necessary or convenient to its existine maintenance and safety or normally in comm on UsC c'comnion expenses" means -- all sew. lawfully assessed against the apartment owners by the association of apartment owners; HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 151 (ASVN. 6, 1905 SAKA) (2) expenses of administration, maintenance, repair or replace- ment of the common areas and facilities (3) expenses agreed upon as common expenses by the association of apartment owners ; (4) expenses declared as common expenses by the provisions of this Act, or by the declaration or the bye-laws ; (Ii) "common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses; "competent authority" means the Director, Town and Country Planning Department, Haryana and includes a person for the time being appointed by the Haryana Government, by noti- fication, to exorcise and perform all or any of the powers and functions of the competent authority under this Act and the rules made 'thereunder ;. ( j ) "declaration" means the instrument by uhieh the property is submitted to the provisions of this Act and includes the amend- ed declaration ; (k) "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 jointly in possession or residence ; • (/) "limited common areas and facilities" means those common areas and facilities designated in the declaration and reserved for use of certain apartment or apartments to the exclusion of other apartments ; (m) "majority" or "majority of apartment owners" means the apartment owners with 51 per cent or more of the votes in ac- cordance with the percentage assigned in the declaration to the apartments for voting purposes, ; (n) "person" includes a joint family : (a) "prescribed" means prescribed by the rules made under this Act ; (p) "property" .means the land, the building, all improvements and structures thereon, owned in free -hold or held on lease or as occupant under any law relating to land revenue and all 152 HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 (ASVN. 6, 1905 SAKA) Status of apart' merits. Owner shipof arai t trent.. Common areasand facilities. .R• AR NA R F IR • R % : N O easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection there- with which have been or are intended to be submitted to the provisions of this Act. 4. Each apartment, together with its undivided interest in the common areas and facilities, appurtenant to such apartment, shall for all purposes constitute heritable and transferable immoveable property within the meaning of any law for the time being in force in the State of Haryana. 5. (1) Each apartment Owner shall beentitled to the exclusive ow ner- ship and possession of his apartment in accordance with the declaration. (2) Each apartment owner shall execute a deed of apartment in relation to his apartment in the manner prescribed. 6. (1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declara- tion. Such percentage shall be computed by taking as a basis the ;value of the apartments 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 intorestof 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 and expressed in an amended declaration duly executed and registered as provided in this Act. 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 he con- veyed or encumbered with the apartment even though such interest is not_ _expressly mentioned in the conveyance or othec instrument. , (3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition o r division of any part thereof unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. 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 purpose 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 replacement of the common areas and facilities and the making of any additions or improve. ments thereto shall be carried out as provided herein and in the bye-laws. (6) The association of apartment owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers thereof, to have A .. . 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 facilities therein or accessible therefrom or for making 'HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 153 (ASVN. 6,1905 SAKA) . — emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments. 7. Each apartment owner shall comply strictly with the bye-laws, regulations, covenants, conditions and restrictions, set forth in the declaration or in the deed of 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. 8. No apartment owner shall do any work which would jeopardise Prohibition the soundness or safety of the property, reduce the value thereof or impair of certain any easement or hereditament or add any material structure or excavate Works. any additional basement or eeller without the prior consent of other apart- ment owners. Compliance with covenants, bye- laws. 9. (1) Subsequent to the recording of the declaration as provided in Enoumbran- this Act and while the property remains subject to this Act, no encumbrance ces against of any nature shall thereafter arise or be effective against the property. al'ar tments. During such period, encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities 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 during the period any encumbrance has arisen or been created against such apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, no apartment and such percentage of undivided interest shall be partitioned 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 con- tractor or sub -contractor shall be the basis for a charge or any encum- brance 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 the same, except that such conscnt shall be deemed to be given by the owner of any apartment in the case of emer- gency repairs thereto, labour performed and material furnished for the common areas and facilities, if duly authorised by the association of apart- ment owners, the Manager or Board of Managers in accordance with this Act, the declaration or bye -Taws, shall be deemed to be performed or fur- nished with the consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apart- ments 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 apart. ments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentage appearing in the dec- laration. Subsequent to any such payment, discharge or other satisfaction, HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 155 (ASVN. 6, 1905 SAKA) k ) the method by which the declaration may be amended consistent with the provisions of this Act. (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. 12. (1) The deed of apartment shall include the following particulars, Contents namely :— of deed of apartment. (a) description of the land as provided in section 11 or the postal address of the property, including in eitht r case the fiber, page and date of executing -the declaration, the date and serial number of its registration under the ind.:an Registration Act, 1908 and the date and other reference, if any, of its filing with the com- petent authority ; (b) the apartment number of the apartment in the declaration and any other data necessary for its proper identification ; (e) statement of the use for which the apartment is intended and res trict io ns on its use, if any ; (d) the percentage of undivided interest appertaining to the apart- ment in the common areas and facilities ; and (e) any further details which may be desirable to set forth consistent with the declaration and this Act. (2) A true copy of every deed of apartment s hall be filed in the office of the competent authority. • 13. (1) The declaration and all amendments thereto - and the deed of Deciaration.. apartment in respect of each apartment and the floor plans of the buildings dae eaarstm oients referred to in sub -section (2) shall be registered under the Indian Registration cep.A ;a Pn . esAct, 1908. of floor plans to be (2) Simultaneously with the registration of the declaration, there shall registered. be filed alongwith it a set of the floor plans of the buildings showing the layout, 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 is 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 accurately depict the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyence of any apartment, an amendment to the declaration to which shall be attached a verified statement of an architect certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately, depict the lay ou t, locat ion, apartment n umber an d dimens ions of the apart- ment as built. (3) In all registration offices a book called "Register of declarations and deeds of apartments under the Haryana Apartment Ownership Act 156 HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 (ASVN. 6, 1905 SAKA) Removalfrom Provisionsof Act, 1983" and index relating thereto shall be kept. The book and the index shall be kept in such form and shall contain such particulars as may be pres- cribed. (4) It shall be the duty of every Manager or Board of Managers to send to the Sub -Registrar of the Sub -District in which the property contain- ing the apartment is situated, or if there is no Sub -Registrar for the area, to the Registrar of the District in which such property is situated, a certified copy of the declaration and deed of apartment made in respect of every apartment contained in the building forming part of the property. (5) The Sub -Registrar or as the case may lie, the Registrar shall register the declaration alongwith the floor plans of the building and the deed o f apartment in the register a td also enter particulars in the index kept under sub -section (.3). Any person acciairing an apartment of any apartment owner shall be deemed to have notice of the declaration and deed of apart- ment. (6) Except as provided in this section. the provision.; of the Indian Registration Act, 1908 shell, murals munindi.e, apply to the registration o f such declarations and deeds of apnaments and the words and expressions used in this section but not (1..tfned in this Act shall have the meaning assigned to them in the Indian Registration Act, 1908. 14. (1) All the apartment owners 1.1.0 remove a property from the provisions of this Act be e. Ly instrument to that eflean duly executed : Provided that the hute, rs fall charge., and other t ncumbeances affecting any of the apartments may zotp;ent thereto or agree, ifl either case by instru ments duly executed, that their charg ';or encumbrances be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided. (2) Upon removal of the property from the provisions of this Act,, the property shall be deemed to be owned in common by the apartment owners. The undivided interest in the property owned in common which shall appertain to each :Apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities. Removal no 15. The removal provided for in section 14 shall in no way Ler the bar to sub- subsequent resubmission of the property to the pre visions of this Act.sequent resubmission of property to Act. Bye-lans. 16. (1) The administration of every property shall be governed by bye-laws, a true copy of which shall be anaexed to the declaration. No modification of or amendment to the bye-laws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded and a copy thereof is duly filed with the competent authority. (7) The bye-laws shall provide for the following matters, namely (a) the election from among the apartment owners of a Board of Managers, the number of persons constituting the same, the tenure of such Board and that the term of at least one third of the members of such Board shall expire annually ; the powas and duties of the board, the method of appointment 1 1 • HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 157 (ASVN. 6, 1905 SAKA) and removal from office of Secretary, Manager or Managiag Agent and specifying which of the powers and duties granted to the Board by this Act or otherwise may be delegated by the Board to any or all of them ; (b) the method of calling meeting of the Board of Manager; or of the apartment owners including the procedure of voting and quorum; (c) the election of a President from among the members of the Board of Managers to preside over the meetings of such Board and oi the Association of Apartment Owners; (d) election of a Secretary, who shall keep a . minute book wherein resolution shall be recorded; (e) the election of a Treasurer who shall keep the financial records and books of accounts; (1) the maintenance, repair and replacement of the common areas and facilities and payments therefor; (g) the manner of collecting from the apartment owners their share of the common expenses; (h) the -designation and removal of persons employed for the main- tenance, repair and replacement of the common areas and facilities; (i) the method of adopting and of =fending the regulations govern- ing details of the operation and use of the common areas and facilities; ( j ) such restrictions on the requirements respecting the use and main- tenance of the apartments and the use of the common areas and facilities not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the apartment owners; (k ) the percentage of the votes required to amend the bye-laws and the procedure for such amendments. (3) The bye-laws may also provide for the following matters, namely:— (a) subject to the provisions of this Act, provisions for regulating transfer or partition of any apartment and percentage of un- • divided interest in the common areas and facilities appurtenant to such apartment, subject to such terms and conditions as may be specified in the bye-laws; (b) provisions enabling the Board of Managers to lease out certain areas of the property for the purposes for which the same are meant and for distribution of resulting proceeds to the apart- ment owners as income or application thereto in reduction of their common charges for maintaining the said property; 158 HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 (ASVN. 6, 1905 SAKA) (c) any other provisions not inconsistent with the provisions of this Act, relating to the audit and accounts and administration of the property and annual and special general meetings, annual report and the like. Liability .1.7. No apartment owner shall be entitled to exempt himself from th e towards liability for his contribution towards the common expenses by waiver )f the common use or enjoyment of any of the common areas and facilities or " Penses• by abandonment of his apartment. Separateassessment. Charge on property for com- mon ex- penses . Joint and several liability of vendeor etc. for unpaid common expenses. Insurance. Disposit ion of property,destruction O r damage, 18. Notwithstanding anything to the contrary contairiel in .t•t... i t Y relating to local authorities, each apartment and Its percentage of and; %/del Interest in the common area and facilities appurtenant to such ap Irtment (being an apartment submitted to the provisions of this Act) shall be dee.rnel to be separate for the purposes of assessment to tax on lands and huildinqs leviable under such law and shall be assessed and taxed accordingly. The building, the property or any of the common areas and facilities shall not be deemed to be separate property for the purpose of the levy of such tax. 19. All sums assessed by the association of apartment owners towards the share of the common expenses chargeable to any apartment and remain- ing unpaid, shall constitute a charge on such apartment prior to all other charges, except charge, if any, on the apartment for payment of the Govern- ment and local taxes, and all sums unpaid on a first mortgage of the apartment 20.. Upon the transfer of an apartment, the transferee of the apartment shall be jointly and severally liable with the transferor for all unpaid assess- ments for his share of the common expenses upto the time of the transfer without prejudice to the transferee's right to recover from the transferor the amount paid by the transferee therefor. Any such transferee shall be entitled to a statement from the Secretary or Board of Managers, setting forth the amount of the unpaid assessment against the transferor and such transferee and such apartment shall not be liable for nor shall be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such transfer in excess of the amount therein set forth. 21. The Manager or Board of Managers, if required by the decla- ration or the bye-laws or by a majority of the apartment owners or at the request of a mortgagee having a first mortgage covering an apartment shall have the authority to and shall obtain insurance for the property against loss or damage by fire, and such other hazards under such terms and for such amount as shall be required or requested. Such insurance coverage shall be for the property in the name of such Manager o OL the Board of Managers or the association of the apartment owners as trustee for each of the apartment owners in the percentages specified in the de- claration. Premiums shall be deemed to be a part of common expenses, provisions for such insurance shall be without prejudice to the right of each apartment owner to insure his own apartment for his benefit. 22. If within sixty d. ys of the date of damage to or destruction .of 1 1 or part of the property it is not determined by the :tssociation of apart- ment owners to repair, reconstruct or rebuild, in that event : (a) the property shall be deemed to be owned in common by . p rt ment owner; HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 159 (ASVN. 6, 1905 SAKA) I (b) the undivided interests in the property, owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owners in the common areas and facilities ; (c) any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment Owner in the property as provided herein ; and (d) the property shall be subject to an action for partition at the suit of any apartment owner in which event the net proceeds of the sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in percentage equal to the percentage of undivided interest owned by each owner in the property after first paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. 23. Without limiting the rights of any apartment owner, actions Action. may be brought by the Manager or Board of Managers, in either case in the discretion of the Board of Managers, on behalf of two or more of the apart- ment owners as their, respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. Service of process on two or more apartment owners .in any action relating to the common areas and facilities or more than one apartment may be made on the person designated in the declaration to receive service of process. '24. (1 ) All apartment owners, tenants of such owners, employees Act to be of owners and tenants or any other person who may in any manner use property or any part thereof submitted to the provisions of this Act, shall o Z ers- - "` be subject to this Act and to the declaration and the bye-laws or the asso- tenants etc. elation of apartment owners adopted pursuant to the provisions of this (2) All agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established under this Act, declaration or hye-lawsrshall be deemed! to be binding on all apartment owners. 25. (1 ) The State Government may, byThotification, make rules for Power tocarrying into effect the provisions of this Act. make rules. (2 ) Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in successive sessions, and if before the expiry of the session in which it is laid or the session immediately following the House agrees in making any modifica- tion in the rule or the House agrees that the rule should not be made the rules shall have effect only in such modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity or anything previously done or omitted to be done under that rule. -4 6 A. S. GARG, Joint Secretary to Government, Haryana, Legislative Department. ( : 4 2 - • 162 HARYANA GOVT GAZ. (EXTRA.), g1128, 1983 (ASVN. 6, 1905 SAKA) No. of Services and Demand purposes Major Head Revenue 1 2 3 8 Buildings and 259—Public Works Roads 11 Urban Development 13 Social Welfare and Rehabili- tation 20 Forest 284—Urban Develop- ment Sums not exceeding Grants Charged made by on the Legislative Conso li- Assembly dated Fund 4 Rs 5 1,85,00,000 288—Social Security and Welfare (excluding Civil Supplies) 14,26,000 307—Soil & Water Con- servation (Forest portion) 313—Forest Rs 42,250 THEr .HEDULE Total Major Head 6" Rs 42,250 42,250 42,250 - - 1,85,00,000 14,26, 14,26,000 14,26, 10 10 1 10 20 Total Expenditure met from Revenue and Capital 1,99,26,020 10908 LR (H)—Govt. Press, U.T., Chd, 20 42,250 1,99,68,270 Capital 7 Capital Outlay on , Public Works pital Outlay on Medical - —Capital Outlay on Social Security and Welfare 4 tn. Sums not exceeding Grants made Charged by Legislative on the Assembly Consolidated Fund 8 Rs 9 Rs 26,78,760 39,495 Total Total (Revenue and Capital) 10 11 Rs Rs 42)2501 26,78,760 26,78,760 I 39,495 39,495 I 27,18,255 27,18,255 27,60,505 j — 1,85,00,000 12,84,000 12,84,000 14,26,000 12,84,000 12,84,000 12,84,000 27,10,000 10 20 j 12,84,000 27,18,255 40,02,255 2,39,70,525 A. S. GARG, Joint Secretary to Government, Haryana Legislative Department.
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