(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 basis, the value of the apartment in relation to the value of the property, and such percentage shall reflect the limited common area and facilities.
Central Act 4 of 1882 x - 2110 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 Compliance with bye-laws, covenants etc.
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(2) The percentage of the 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 Act. The percentage of individual 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 areas 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or any other person shall bring any action for partition or division of any part thereof, unless the property has been withdrawn from the provisions of this Act under section 14.
(4) Each apartment owner shall use the common areas and facilities for the purpose for which they are intended without effecting or encroaching upon the lawful rights of other apartment owners.
(5) The works relating to the maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvement thereto shall be carried out in accordance with the provisions of this Act and the Bye-Laws made there under and other building bye-laws in force for according building construction permission.
(6) The Association of Apartment Owners or the Society of Apartment Owners shall have irrevocable right to be exercised by the Secretary 1 President of the society on behalf of the association or society as the case may be, considers necessary 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 facilities therein or accessible there from or for making emergency repairs therein to prevent any damage to the common areas and facilities or to other apartments.
8. Each apartment owner shall comply strictly with the bye-laws, covenants, conditions and restrictions set forth in the declaration.
Failure to comply with any of the same shall be a ground for an action to recover damages or for other relief at the instance of the President and Secretary on behalf of the Association or Society of Apartment Owners or in a proper case by an aggrieved apartment owner.
Certain work prohibited
9. No apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or would reduce the value thereof or impair any easement or hereditament or shall add any materials structure or excavate an additional leasement or cellar without first obtaining the consent, in writing of all the other apartment owners.
Encumbrances against apartments
10. During the period the property remains subject to this Act, no encumbrance of any nature shall be created against the property.
During such period an encumbrance may, however, be created only against each apartment and the percentage of undivided interest from the common areas and facilities of the apartment, in the same manner as in relation to any other separate part of the property subject to individual ownership.
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 Common profit and expenses Contents of declaration A declaration or an instrument to be submitted before the competent Authority and to be dealt with by him.
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11. Common profits of the property shall be distributed among and the common expenses shall be charged to the apartment owners according to the percentages of the undivided interest in the common areas and facilities.