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The Telangana Apartments (Promotion of Construction and Ownership) Act, 1987.

Telangana · state statute
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THE TELANGANA APARTMENTS (PROMOTION OF 
CONSTRUCTION AND OWNERSHIP) ACT, 1987. 
(ACT NO. 29 OF 1987) 
ARRANGEMENT OF SECTIONS 
Sections 
 CHAPTER-I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Application of the Act. 
3. Definitions. 
 CHAPTER-II 
DUTIES AND LIABILITIES OF PROMOTERS 
4. General Liabilities of Promoters. 
5. Agreement to precede advance payment. 
6. No alterations after disclosure of plans etc. 
7. Promoter to convey title according to agreement. 
 CHAPTER-III 
SPECIAL FACILITIES. 
8. An apartment to be transferable and heritable property. 
9. Common areas and facilities. 
10. Compliance with bye-laws and Covenants. 
11. Certain works prohibited. 
12. Encumbrances against apartments. 
13. Common profits and expenses. 
14. Contents of Declaration. 
15. Withdrawal from the provision of this Chapter. 
2  [Act No. 29 of 1987] 
16. Withdrawal is no bar to subsequent submission of 
property to Chapter-III. 
17. Instruments of declarations etc. compulsorily register 
able. 
18. Bye-laws. 
19. Separate Assessment. 
20. Charge on property for common expenses. 
21. Manager to cut off, withhold, curtail or reduce essential 
supply. 
22. Joint and several liability of vendor, etc., for unpaid 
common expenses. 
23. Insurance. 
24. Prohibition of selling, leasing and misuse of common 
area and facilities. 
25. Owners of apartments to provide fire preventive 
devices. 
26. Electricity, water and drainage connections only after 
completion of apartments. 
27. Provision of over head tanks. 
 CHAPTER-IV 
MISCELLANEOUS. 
28. Offences. 
29. Offence committed by Companies. 
30. Indemnity. 
31. Act to be binding on apartment owners, tenants, etc., 
32. Act to override other laws. 
33. Power to make rules. 
34. Power to remove difficulties. 
35. Act not to apply to Housing Board Act. 
 
THE TELANGANA APARTMENTS (PROMOTION OF 
CONSTRUCTION AND OWNERSHIP) ACT, 1987.1 
 
ACT NO. 29 OF 1987. 
 
CHAPTER - I. 
PRELIMINARY. 
 
1. (1) This Act may be called the 2Telangana Apartments 
(Promotion of Construction and Ownership) Act, 1987. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) This section shall come into force at once , and the 
remaining provisions of this Act shall come into force in 
such areas and on such dates as the Government may, by 
notification, appoint , and different dates may be appointed 
for different areas. 
 
2. The provisions of this Act, excepting Chapter III, shall 
apply to every property and the provisions of Chapter III, 
shall not apply to any property, unless the sole owner or all 
the owners thereof submit the same to the provisions of that 
Chapter by duly e xecuting and regi stering a Declaration as 
hereafter provided. 
 
 
 
 
                                                           
1. The Andhra Pradesh Apartments (Promotion of Construction and 
Ownership) Act, 1987 received the assent of the President on the 15 th 
May, 1987. The said Act in force in the combined State, as on 
02.06.2014, has been adapted to the State of Telangana, under section 
101 of the Andhra Pradesh Reorgani sation Act, 2014 (Central Act 6 of 
2014) vide. the Telangana Adaptation of Laws order, 2016, issued in 
G.O. Ms. No. 45, Law (F) Department, dated 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Short title, extent 
and 
commencement. 
Application of the 
Act. 
2  [Act No. 29 of 1987] 
3. In this Act, unless context otherwise requires,- 
 
 (a) ―apartment‖ means a part of the propert y including 
one or more rooms or enclosed  spaces located on any  one 
of the floors consisting of a unit in a building, intended to be 
used for residence, Office , practice of any profession or for 
carrying on any occupation, trade or business or for any 
other i ndependent use 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) ―Association of apartment owners‖ means all the 
apartment owners acting as a group in accordance with the 
provisions made by it in the bye-laws. 
 
 (c) ―Building‖ means a building containing five or more 
apartments, 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. 
 
 (d) ―Common areas and facilities ‖ unless otherwise 
provided in the Declaration, means: 
 
  (i) the land on which the building is located; 
 
  (ii) foundations, columns,  girders, beams,  supports, 
main walls, roofs including terraces, halls, corridors, lobbies, 
stairs, stair -ways, fire-escapes and  entrances and exits of 
the building. 
 
  (iii) Basements, cellars, yards, gardens, parking areas 
Children‘s play ground and storage spaces; 
 
  (iv) The premises for the lodging of janitors or care -
takers or persons employed for the manage ment of the 
property; 
 
Definitions. 
 
[Act No.29 of 1987]  3 
  (v) installations of central services, such as power, 
light, gas, hot and cold water, heating, refrigeration, air -
conditioning and incinerating; 
 
  (vi) elevators, tanks, wells and bore -wells, pumps, 
motors, fans, compressors, ducts and in general all 
apparatus and installations existing for common use; 
 
  (vii) such other community and commercial  facilities 
as may be provided for in the building plan and Declaration; 
 
  (viii) all other parts of the property necessary or 
convenient to its existence, maintenance and safety or 
normally in common use; 
 
 (e) ―Common Expenses‖ means,— 
 
  (i) a ll sums lawfully assessed against the apartment 
owners by the association of apartment owners; 
 
  (ii) expe nses of administration, maintenance, repairs 
or replacement of the common areas and facilities ; 
 
  (iii) expenses agreed upon as common expenses by 
the association of apartment owners; 
 
  (iv) expenses declared as common expenses by the 
provisions of this Act or by the Declaration or the bye-laws; 
 
  (v) premium for insurance coverage of the property; 
 
 (f) ―common profits‖ means the balance of all income, 
rents, profits and other income from the common areas and 
facilities remaining after the deduction of the common 
expenses; 
 
4  [Act No. 29 of 1987] 
 (g) ―competent authority ‖ means any person or 
authority author ised by the Government by  notification, to 
perform the functions of the competent authority under this 
Act for such areas as may be specified in the notification; 
 
 (h) ―declaration‖ means the instrument by which the 
property is submitted to the provisions of Chapter III, as 
provided by section 2 and such declaration as may be 
lawfully amended; from time to time; 
 
 (i) ―Government‖ means the State Government; 
 
 (j) ―Limited Common areas and facilities ‘‘ means these 
common areas and facilities designated in the Declaration 
as reserved for the use of certain apar tment or apartments 
to the exclusion of the other apartments; 
 
 (k) ―Notification‖ means a notification published in the 
3Telangana Gazette and the word ―notified‖ shall be 
construed accordingly; 
 
 (I) ―Prescribed‖ means prescribed by rules made by 
the Government under this Act; 
 
 (m) ―Promotor‖ means a person who has already  
constructed or constructs a building of apartments for  the 
purpose of selling some or all of them to other persons; 
 
 (n) ―Property‖ comprises the land, the building and the 
common areas and facilities. 
 
 
 
                                                           
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.  
[Act No.29 of 1987]  5 
CHAPTER-II 
DUTIES AND LIABILITIES OF PROMOTERS  
 
4. (1) Any promoter who  intends to se ll an apartment, 
shall on being so required by an intending transferee make 
a full and true disclosure in writing of— 
 
  (a) his title to the land on and the building, in which 
the apartments are, or are to be, constructed; 
 
  (b) all encumbrances, if any, on such land or building 
and any right, title, interest or claim of any person in or over 
such land or building; 
 
  (c) the plans and specifications approved by the local 
authority as the case may be or the Urban Development 
Authority of the  entire building of which the apartments 
forms part; 
 
  (d) the nature of fixtures, fittings and  amenities which 
have been or are proposed to be provided; 
 
  (e) the particulars in respect of th e designs and the 
materials which have been or are proposed to  be used in 
the construction of the building, together with the details of 
all a greements en tered into by hi m with the architects 
Engineers and Contractors; 
 
  (f) all outgoings, including ground rent , if any, 
municipal or other local taxes, taxes on income , water and 
electricity charges, revenue assessment, interest on any 
mortgage or other encumbrance, if any , in resp ect of the 
land, building and apartments; 
 
  (g) such other information and documents as may be 
prescribed. 
 
General Liabilities 
of Promoters. 
6  [Act No. 29 of 1987] 
 (2) Such promoter shall also,- 
 
  (a) specify in writing the date by which possession  of 
the apartments is to be handed over to such transferee; 
 
  (b) supply in writing a list of all the apar tments which 
have already been taken or  agreed to be taken, together 
with their distinctive numbers , names and address of the 
transferers, either actual or intended , the prices paid or 
agreed to be paid therefor and any other particulars as may 
be prescribed; 
 
  (c) transfer the open spaces ear marked for  parks, 
play-grounds, market places and for other common use free 
of cost to the Government through a registered gift deed. 
 
 (3) The promoter shall give o n demand by the 
intending transferee true copies of the documents referred 
to in this section. 
 
 (4) An apartment may be transferred by the promoters 
to any person only after obtaining the required certificate of 
completion and the certificate of fitne ss for occupation from 
the local authority concerned. 
 
 (5) The water works department and the Electricity 
Board may supply water and electricity respectively on a 
temporary basis on production of the plan  approved by the 
local author ity or the Urban Development Authority 
concerned as the case may be: 
 
 Provided that , if the promoters proceed with t he 
construction of the building contrary to the sanct ioned plan, 
the supply of water an d electricity may be cut off on an 
intimation from the local authority or the Urban Development 
Authority, as the case may be, to the water works 
department or to the authorities of the Electricity Board. 
[Act No.29 of 1987]  7 
 (6) The promoter and the apartment owners ar e 
responsible for the provision and fixation of fire prevention 
devices ground and over -head water tank hydrants and 
wetrisers etc., as may be prescribed. 
 
5. A promoter who intends to transfer any apart ment shall 
before, accepting any sum of money as advance payment 
or deposit, which shall not exceed twenty percent of the 
price, enter into a written agreement of sale with the 
intending transferee and the same shall be registered as a 
document compulsarily registerable under clause (b) of  
sub-section (1) of section 17 of the Registration Act, 1908. 
 
6. (1) After the plans, specifications and the nature of the 
fixtures, fittings amenities and common areas a s sanctioned 
by the Iocal authorities or Urban Development  Authority 
concerned are disclosed to an intending transferee under 
section 4 and a written agreement of  sale is entered into 
under section 5 , the promoter shall not make any additions 
and alterations therein: 
 
  (i) if it affects any apartmen t, without the previous 
consent in writing of  the transferee who intends to take that 
apartment; and 
 
  (ii) if it affe cts more than one apartment , without the 
previous consent in writing of all the transferees who intend 
to take those apartments. 
 
 (2) Any of the additions or alterations refer red to above 
shall be carried out only with the prior approval of the local 
authority or the Urban Development Authority concerned. 
 
7. A promoter shall, on payment or tender of the  amount 
due in respect of the price, execute a proper  conveyance of 
the apartment in accordance with  the agreement executed 
under section 5 and give possession of the apartment to the 
Agreement to 
precede advance 
payment. 
Central Act 16 of 1908. 
Prometer to 
convey title 
according to 
agreement. 
No alterations 
after disclosure of 
plans etc. 
8  [Act No. 29 of 1987] 
transferee after discharging all encumbrances unless the 
apartment is sold subject to encumbrances. 
 
CHAPTER – III 
SPECIAL FACILITIES. 
 
8. (1) Each apartment owner shall be entitled to  the 
exclusive ownership and possession of his apartment. 
 
 (2) Each apartment, together with its undivided interest 
in the com mon areas and facilities, shall for  all purposes 
constitute heritable and transferable immovable property: 
 
 Provided that the percentage of undivided interest in 
the common areas and facilities appur tenant to the 
apartment shall not be partitioned or subdivided for any 
purpose wh atsoever unless  the proper ty is withdrawn from 
the provisions of this Chapter. 
 
9. (1) Each apartment owner shalI be entitled to the 
percentage of undivided interest in the common areas and 
facilities as expressed in the Declaration. Such percentage 
shall be computed by taking as basic , the value of the 
apartment in relation to the value of the property, and such 
percentage shall also reflect t he limited common areas and 
facilities. 
 
 (2) The percentage of undivided interest of each  
apartment owner in the common areas and facilities  as 
expressed in the Declaration shall not be altered  without the 
consent of all the apartment owners  expressed in an 
amended Declaration duly executed  and registered as 
provided in this Ac t. The percentage  of undivided interests 
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 
An apartment to 
be transferable 
and heritable 
property. 
Common areas 
and facilities. 
[Act No.29 of 1987]  9 
even though such interest is not expressly men tioned in the 
conveyance or either instrument. 
 
 (3) Each apartment owner may use th e common areas 
and facilities for the purpose for which they are  intended 
without hindering or encroaching upon the  lawful rights of 
the other apartments owners. 
 
 (4) The work relating to the maintenance, repair and 
replacement of the common areas and facili ties and the 
making of any additions or improvements thereto shall be 
carried out in accordance with the provisions of this chapter 
and bye-laws. 
 
 (5) The association o f apartment owners sha ll have an 
irrevocable right, to be exercised by the manager or the 
board of managers on behalf of the association, with such 
assistance as the manager or the board of managers, as the 
case may be consider necessary, to have access to  any 
apartment from time to time during reasonable hours, for the 
maintenance, repair and replacement of any of the common 
areas and facilities therein or accessible therefrom or for 
making emergency repairs therein to prevent a ny damage 
to the common areas and facilities or to other apartments. 
 
10. Each apartment owner shall comply with the 
covenants, conditions and restrictions set forth in  the 
Declaration and the bye-laws. Failure to comply with any of 
the same shall be a ground for action to recover sums due, 
for damages or other relief, at th e instance of the Manager 
or board of mangers on behalf of the association of 
apartment owners or in a proper case, by an aggrieved 
apartment owner. 
 
11. No apartment owner shall add any material structure or 
excavate any additional basement or cellar o r do any other 
work which would be prejudicial to the soundness or safety 
Compliance with 
bye-laws and 
Covenants. 
Certain works 
prohibited. 
10  [Act No. 29 of 1987] 
of the property or would reduce the value thereof or impair 
any easement or hereditament. 
 
12. During the period the property remains subject to this 
chapter an encumbrance  may be created against a ny 
apartment and the percentage of undivided interest in the 
common areas and facilitie s appurtenant thereto but not 
against the property as such. 
 
13. The common profits of the property shall be distributed 
among and the common expenses shall be  charged to, the 
apartment owners according to their  percentage of 
undivided interest in the common areas and facilities. 
 
14. (1) The Declaration referred to in section 2 shall be 
submitted in the office of the competent authority in such 
form and in such manner as may be prescribed and shall 
contain full and true particulars of the following, namely:- 
 
  (a) description of the land on which the building and 
improvements a re or are to be located, and whether the 
land is free hold or lease hold; 
 
  (b) description of the building stating t he number of 
storeys and basemen ts, the number of apartments and the 
principal materials of which it is or is to be constructed; 
 
  (c) the number of each apartment and a st atement of 
its location, approximate areas, number of rooms and the 
immediate common area to which it has access and any 
other data necessary for its proper identification; 
 
  (d) description of the common areas and facilities; 
 
  (e) description of the common areas and facilities, if 
any, stating to which apartments, their use is reserved; 
 
Encumbrances 
against 
apartments. 
Common profits 
and expenses. 
Contents of 
Declaration. 
[Act No.29 of 1987]  11 
  (f) value of the property and of each apartment, and 
the percentage of undivided interest in the  common areas 
and the facilities appu rtaining to each  apartment and its 
owner for all purposes, including voting; 
 
  (g) particulars of encumbrance s, if any , on the 
property of apartment and its undivided interest at the date 
of the Declaration; 
 
  (h) Such other particulars as may be prescribed. 
 
 (2) The Declaration referred to in sub -section (1) may 
be amended under such circumstances and in such manner 
as may be prescribed. 
 
15. (1) All the apartment owners acting together may 
withdraw a property from the provisions of this Chapter by 
an instrument to that effect duly executed. 
 
 Provided that the holders of all charges and other 
encumbrances, affecting any of the apartments,  consent 
thereto and agree, by instruments duly executed, that their 
charges or encumbrances be transfered to the percentage 
of undivided interest of the apartment owner in the property 
as hereinafter provided. 
 
 (2) Upon withdrawal of the property from the provisions 
of this chapter, the property shall be deemed to be owned in 
common by the apartment owners  and the undivide d 
interest in the property owned in  common which shall 
appurtain to each apartment  owner shall be the pe rcentage 
of undivided interest previously owned by such owner in the 
common areas and facilities. 
 
16. The withdrawal provided for in section 15 sha ll in no 
way bar the subsequent submission of the property  to the 
provisions of this chapter. 
Withdrawal from 
the provision of 
this chapter. 
Withdrawal is no 
bar to subsequent 
submission of 
property to 
Chapter-III. 
12  [Act No. 29 of 1987] 
17. All instruments relating to the Declaration or any 
amendment thereto referred to in section 14 or the 
withdrawal of a property from the provisions of t his chapter 
referred to in section 15 s hall be deemed to be instruments 
compulsorily registerable within the meaning of clause (b) of 
sub-section (1) of Section 17 of the Registration Act, 1908. 
 
18. (1) The administratio n of every property shall be 
governed by bye -laws as am ended from time to  time and a 
true copy of th e bye-laws and the amen dments thereto, if 
any shall, as soon as they are made be filed with the 
competent authority and be annexed to the Declaration, 
provided that no such bye -Iaws or amendments thereto 
shall ta ke effect until copies thereof duly filed with the 
competent authority. 
 
 (2) The bye-laws shall provide for the following matters, 
namely:- 
 
  (a) The manner in which the association of  apartment 
owners is to be formed, the election of a  board of managers 
from among the apartment ow ners, the number of persons 
constituting the board, the number of members of such 
board to retire annually, the powers and duties of the board; 
the honorarium, if any of members of the board; the method 
of removal from the of fice of members of the board; th e 
powers of board to engage the services of a manager a nd 
delegation of powers and duties to such manager; 
 
  (b) method of calling meetings of the apa rtment 
owners and the quorum for such meeting; 
 
  (c) election of a President and who shall preside  over 
the meetings of the Board and of the association  or 
apartment owners; 
 
Instruments of 
declarations etc. 
compulsorily 
registerable. 
Central Act 16 of 1908 
Bye-laws. 
[Act No.29 of 1987]  13 
  (d) election of a secretary who shall keep a minutes 
book wherein resolution shall be recorded; 
 
  (e) election of a treasurer who shall keep the financial 
records and books of accounts; 
 
  (f) manner of collecting from the apartment owners 
their share of the common expenses; 
 
  (g) maintenance, repair and replacement or  the 
common areas and facilities and payments therefor; 
 
  (h) any other matter considered to be necessary for 
the administration of the property. 
 
19. Each apartment and i ts percentage of undivided 
interest in the common areas  and facilities shall be deemed 
to be a separate property for the pu rpose of assessment of 
tax on lands and buildings under any law for the time being 
inforce. 
 
20. All sums assessed by the association of apartment 
owners for the share of the common expenses chargeable 
to any apartment shall constitute a ch arge on such 
apartment with precedence over other charges,  except 
charges, if any, for paymen t of Government and Municipal 
Taxes and all sums remaining unpaid on a first mortgage of 
the apartment; 
 
 Explanation:— For the purposes of this section 
‗Government‘ shall include the Central Government. 
 
21. The manager or board of managers of an association 
of apartment owners may , after due notice of not less than 
seven days, for just and suffici ent cause, cut off, with -hold, 
or in any manner curtail or reduce , any essential supply or 
service enjoyed by an apartment owner. 
Separate 
Assessment. 
 
Charge on 
property for 
common 
expenses. 
Manager to cut 
off, withhold, 
curtail or reduce 
essential supply 
or service. 
14  [Act No. 29 of 1987] 
 Explanation:— In this section, essential supply or  
service includes the supply of water, electricity, l ights in  
passages and on stair cases, and lifts , and conservancy or 
sanitary service. 
 
22. Upon the sale of any apartment , the purchaser of the 
apartment shall be jointly and severa lly liable with the 
vendor for all unpaid assessments against the later for his 
share of the common expen ses upto the time of the sale 
without prejudice to the purchaser ‘s right to recover from 
the vendor the amount paid by him. 
 
23. The manager or board of managers of an association 
of apartment owners if required by the Declaration or the 
bye-laws or by a majority of the apartment  owners, shall 
have authority to, and shall obtai n insurance coverage for 
the property against loss  or damage by fire and such other 
hazards under such terms and for such amounts as shall be 
required. Such insurance  shall be in the name of the 
Manager or the board of  managers of the association of the 
apartment owners  as trustee for each of the apartment 
owners in the percentage established in the declaration. 
 
24. The promoters or the owners of apartments shall not 
sell or lease out or misuse any common areas and facilities. 
 
 
 
25. Every owner of an apartment in a building consisting of 
a ground floor, together with three or more floors on it shall 
be required to provide all the fi re preventive devices in 
consultation with the Director General of Fire Services in the 
manner prescribed. 
 
26. Every owner of an apartment shall be entit led to have 
electricity, wa ter and drainage connection on a permanent 
basis only on payment of such fee as may be prescribed 
Joint and several 
liability of vendor, 
etc., for unpaid 
common 
expenses. 
Insurance. 
Prohibition of 
selling, leasing 
and misuse of 
common area and 
facilities. 
Owners of 
apartments to 
provide fire 
preventive 
devices. 
Owners of 
apartments to 
provide fire 
preventive 
devices. 
 
Electricity, water 
and drainage 
connections only 
after completion 
of apartments. 
[Act No.29 of 1987]  15 
and on the production of a certificate from the competent 
authority to the effect that the apartment has been 
constructed in accordance with the sanctioned plan. 
 
27. Every owner of the apartment shall provide an over 
head tank in the manner prescribed. 
 
CHAPTER-IV 
MISCELLANEOUS. 
 
28. Any promo ter or owner of the apartment who without 
reasonable execuse fails to comply with or contravenes any 
provisions of section 4, section 5 , section 6, section 7, 
section 24, section 25 or section 27 shall be punishable with 
imprisonment for a term which may extend to one year or 
with fine which may e xtend to fifty thousand rupees, or with 
both.‖ 
 
29. (1) Where an offence under this Act has been 
committed by a company, every person who, at the time the 
offence was committed, was in charge of, and was 
responsible to, the company for the conduct of the business 
of the company as well as the company, shall be deemed to 
be guilty of the offence and shall be liable to be proceeded 
against and punished accordingly: 
 
 Provided that nothing containing in this sub -section 
shall render any such person liable to any punishment, if he 
proves that the offence was committed without his 
knowledge or that he exercised all due diligence to prevent 
the commission of such offence. 
 
 (2) Notwithstanding anything contained in s ub-section 
(1), where an offence under this A ct has been committed by 
company and it is proved that the offence has been 
committed with the consent or connivance of, or is 
attributable to any neglect on the part of,  any director, 
Provision of over 
head tanks. 
Offences. 
Offence 
committed by 
Companies. 
16  [Act No. 29 of 1987] 
manager, secretary or other officer of the company, such 
director, manager, secretary or other officer shall also be 
deemed to be guilty of that offence and shall be liable to be 
proceeded against and punished accordingly. 
 
 Explanation:- For the purposes of this Section,- 
 
 (a) ―Company‖ means any body corporate and 
includes a firm or other association of individuals; and 
 
 (b) ―director‖, in relation to a firm, means a partner in 
the firm. 
 
30. No suit, prosecution or other legal proceeding  shall lie 
against the Government or any  officer or other employee of 
the Government in respect of anything which is in goo d faith 
done or intended to be done by or under this act. 
 
31. (1) All apartment owners, their tenants and  employees 
or any other person that may in any manner use the 
property or any part thereof submitted to the  provisions of 
Chapter III shall be subject to this Act, and to the Declaration 
and bye-laws of the association of the apartment owners. 
 
 (2) All  agreements, decisions, and determinations 
lawfully made by the association of apartment owners in 
accordance with the voting percentage specified in the 
Declaration or bye -laws shall  be deemed to be binding on 
all the apartment owners. 
 
32. The prov isions of t he Transfer of Property Act, 1882, 
shall in so far as they are not inconsistent with t he 
provisions of this Act apply to every apar tment together with 
its undivided interest in the common areas and facilities 
appurtenant to such apartment as those provisions apply in 
relation to any immovable property, and the provisions of 
Indemnity. 
Act to be binding 
on apartment 
owners, tenants, 
etc., 
Act to override 
other laws. 
Central Act 4 of 1882. 
[Act No.29 of 1987]  17 
this Act shall have effect notwithstanding anything to the 
contrary contained in any other law. 
 
33. (1) The Government ma y, by noti fication, make rules 
for carrying out all or any of the purposes of this Act. 
 
 (2) Every rule made under this Act shall, immediately 
after it is made, be laid before the legislat ure of the State if it 
is in session and if it is no t in session, in the session 
immediately fo llowing, for a total period of fourteen days 
which may be comprised in one session, or in two 
successive sessions, and if before the expiration of the 
session in wh ich it is so laid or the session immediately 
following, the Legislature agrees in making any modification 
in the rule, or in the annulment of the rule, the rule shall, 
from the date on which the modification or annulment is 
notified, have effect only in su ch modified form or shall 
stand annulled, as the case may be; so however, that any 
such modification or annulment shall be without prejudice to 
the validity of anything previously done under that rule. 
 
34. If any difficulty arises in giving effect to the  provisions 
of this Act, the Government may, by general or special 
order, published in the 4Telangana Gazette, make such 
provisions not inconsistant with the provisions of this Act as 
appear to them to be necessary or expedient for the 
removal of the difficulty; 
 
 Provided that no such order s hall be made  after the 
expiration of two years from the commencement of this Act. 
 
35. Nothing in this Act shall apply to the Telangana 
Housing Board c onstituted under the  5[Telangana Housing 
Board Act, 1956]. 
* * * 
                                                           
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Power to make 
rules. 
Power to remove 
difficulties. 
Act not to apply to 
Housing Board. 
Act XLVI of 1956. 

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