(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 • • rana 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 ) "Ctif lUTI Oft areas 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 replacement 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 notification, 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 amended 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 accordance 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.
Ownership of arai t trent..
Common areas and facilities.
.R•AR NARF IR•R % : N O easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection therewith 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.