(1) All apartment owners, their tenant or employees or any other person that may in any manner use the property or any part thereof submitted to the provisions of section 2 shall be subject to this Act and the declaration or bye-laws shall be deemed to be binding on all 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.
(3) No apartment owner shall use the apartment for any purpose other than that for which the apartment has been constructed or permission was obtained.
President / Secretary to cut off, withhold, curtail or reduce essential supply or service
33. The President or Secretary of an Association or a Society of Apartment Owners may, after due notice of not less than seven days, for just and sufficient cause, cut off, withhold or in any manner curtail or reduce any essential supply or service enjoyed by an apartment owner.
Explanation : In this section, essential suddIv or service includes the supply of water, electricity, rights in passage and on stair cases and rights and conservancy of sanitary service.
Joint and Several liability.
34. Upon the sate of any apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessment against the tetter for his share of the common expenses upto the time of the sale without prejudice to the purchaser's right to recover the vendor the amount paid by him.
Insurance 35. The President or Secretary of an Association or a Society of Apartment Owners, if so required by the declaration or the bye-laws or by a majority of the apartment owners, shall have the authority to and shall obtain insurance coverage for the property against loss or damage by fire and such other hazards and under such terms and for such amounts as shall be required. Such insurance shall be in the name of the President or Secretary of the Association or Society of Apartment Owners as trustee for each of the apartment owners in the percentage established in the declaration.
Prohibition of selling , leasing and misuse of common areas or facilities
36. The promoters or owners of apartment shall not sell or tease out or misuse any common areas and facilities.
Owner to provide fire devices
37. 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 ail the fire preventive devices in consultation with the Director General of Fire Service in the manner prescribed.
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2117 Electricity, water and drainage connection
38. Every owner of an apartment shall be entitled to have electricity, water and drainage connection on a permanent basis only on payment of such fee as may be prescribed and on production of a certificate from the Competent Authority to the effect that the apartment has been constructed in accordance with the sanctioned plan.
Provision of overhead tanks
39. Every owner of the apartment shall be provided with an overhead tank in the manner prescribed.
Provision for Harvesting rain water
40. Every apartment / group housing scheme using underground water as their source of water shall provide provision for harvesting of rain water in the manner specified in the building bye-laws of that area or any other method approved by Competent Authority.
Act to override the agreements
41. If any conflict or inconsistency arises between any provision of this Act and any agreement entered into between the promoter and the apartment owners, the provisions of this Act shall have overriding effect over such agreement.
Power to make rules