(1) Every property shall be administered in accordance with such bye-laws as may be framed by the Competent Authority with the prior approval of the State Government.
(2) The bye-laws shall provide for the following amongst other matters, namely -
(a) the manner in which the Association of Apartment Owners is to be formed, the election of member of Board or society from among the apartment owners, the number of persons constituting the Board, the number of members of such Board or society to retire annually, the powers and duties of the Board or society, the honorarium, if any, of the members of the Board or Society, the method of removal from office of the members of the Board or Society, the power of the Board or Society to engage the services of a Secretary or Manager, delegation of power and duties to such Secretary or Manager,
(b) method of calling meeting of the apartment owners and the number to constitute a quorum, Central Act No.
16 of
1908.
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2113
(c) election of a President who shall preside over the meetings of the Board or Society and of the Association of Apartment Owners,
(d) Maintenance, repair and replacement of the common areas and facilities and payments thereof;.
(e) manner of collecting share of the common expenses from the apartment owners;
(f) any other matter considered to be necessary for the administration of the property ;
Separate assessment
18. Notwithstanding anything to the contrary in any other law for the time being in force, each apartment or a property, Including its percentage of undivided interest in the common areas and facilities thereof, the owner of which does not own any other apartment in such property, shall be deemed to be a separate unit for the purpose of assessment of municipal rates and taxes.
Charges for common expenses of the property Liability for unpaid common expenses
19. All sums assessed by the Association of Apartment Owners for the common expenses charge-able to any apartment shall constitute a charge on such apartment prior to all other charges, except charge, if any on the apartment as payment of municipal rates and taxes.
20. Upon the sale of an apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessments against the latter for his share of the common expenses up to the time of the sale.
Removal of doubts
21. For removal of doubts, it is hereby declared that the provisions of Transfer of Property Act, 1882, shall, in so far as they are not inconsistent with the provisions of this Act, apply to every apartment together with its undivided interest in the common areas and facilities as these provisions apply in relation to any other immovable property and the provision of the Act shall have effect Notwithstanding anything to the contrary contained in any other law.
Central Act No.
4 of 1882 Act to apply to housing Board and Housefed
22. The provisions of the Act shall also apply to the apartment being constructed by Assam State Housing Board, Housefed and any other Government or Semi Government Department and organizations.
General Liabilities of promoters
23. All the promoters or builders who intend to construct an apartment building shall submit before a Competent Authority details about themselves and about building to be undertaken by them in following manner. The Competent Authority shall display the same on notice board for the benefit of intending buyers of apartment. The Competent Authority after satisfying itself with the contents of said disclosures may allow the promoter to go ahead with the construction
(a) Make full and true disclosure in writing of the nature of his interest in the land and on the building, if any, in which the apartments are to be constructed, and plan and specifications approved by the Local Authority as the case may be, or by the Urban Development Authority of the entire building of which the apartment forms a part;
(b) Make full and true disclosure in writing of all encumbrances, if any affecting such land or building ;
(c) Disclosure and allow inspection of plans and the specification of 2114 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 Agreement before accepting advance payment No additions or alterations after disclosure of plans etc.
the entire building of which the proposed apartments form part and furnish copies thereof.
(d) Disclosure in writing the particulars in respect of the materials, which have been or are proposed to be used in the construction of the building together with the details of all agreements entered into by him with the architects and contractors.
(e) Specifying in writing the date by which possession of the apartment is to be handed over to such transferee.
(f) Supplying in writing a list of all apartment which have already been taken or agreed to be taken together with their distinctive numbers, names and address of the transferee either actual or intended, the prices paid or charges by or upon the area and any other particulars or may be prescribed.
(g) Make a full and true disclosure in writing of all outgoings including ground rent, if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revehue assessment, interest on any mortgage or other encumbrance, if any, in relation to the land, building and the apartments.
(h) Make a full and true disclosure in writing of such other information and documents including true copies of such documents as may be prescribed.
(i) Deposit Earnest money @ Rs.0.5% of the apartment building, construction cost (excluding land cost) in the form of bank guarantee, fixed deposit at Nationalize Bank as the case may be, with the Competent Authority of which 0.5% shall be returned after the ,year from the date of completion of the building, subject to conditions that no complaints regarding construction defects is received within one year. The defects if any shall be rectified by the promoters or builders at his own cost. If defects are not rectified by the promoters immediately, the same shall be rectified by the buyers by utilizing the earnest money. In such event the earnest money shall be forfeited.