(1) Subsequent to the recording of the declaration as provided in Enoumbranthis Act and while the property remains subject to this Act, no encumbrance ces against of any nature shall thereafter arise or be effective against the property. al'ar tments.
During such period, encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner and under the same conditions in every respect as encumbrances may arise or be created upon or against any other separate 'parcel of property subject to individual ownership :
Provided that, if during the period any encumbrance has arisen or been created against such apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, no apartment and such percentage of undivided interest shall be partitioned or sub -divided in interest :
Provided further that no labour performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or sub -contractor shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882 against the apartment or any other property, of any other apartment owner not expressly consenting to or requesting the same, except that such conscnt shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto, labour performed and material furnished for the common areas and facilities, if duly authorised by the association of apartment owners, the Manager or Board of Managers in accordance with this Act, the declaration or bye -Taws, shall be deemed to be performed or furnished with the consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub -section (2).
(2) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apart.
ments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentage appearing in the declaration. Subsequent to any such payment, discharge or other satisfaction, HARYANA GOVT GAZ. (EXTRA.), SEPT. 28, 1983 155 (ASVN. 6, 1905 SAKA) k ) the method by which the declaration may be amended consistent with the provisions of this Act.
(2) A true copy of each of the declaration and bye-laws and all amendments to the declaration or the bye-laws shall be filed in the office of the competent authority.