In this Act, unless the context otherwise requires,-
(a) "apartment" means a part of the property having a direct exit to a road, street or highway or to a common area leading to such road, street or highway which together with its undivided interest in the common areas and facilities forms an independent residential unit;
(b) "association of apartment owners" means the association formed in accordance with the provisions made in the bye-laws;
(c) "building" means a building containing two or more apartments or more than one building each containing two or more
1. For the Statement of Objects and Reasons see R. H. P. Extra., dated 16-9-1978, P.
1206. For its Authoritative Hindi text see R.H.P. Extra., dated 1.6.1998, p. 1993-
2001.
H.P. APARTMENT OWNERSHIP ACT, 1978 3 apartments comprised in the same property;
(d) "common areas and facilities" includes-
(1) the land on which the building is located and all easements, rights and appurtenances belonging to the land and the building,
(2) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair-ways, fire-escapes and entrances and exits of the building,
(3) the easements, cellars, yards, gardens, parking areas, shopping centres, schools, garages and storage spaces,
(4) the premises for the lodging of janitors or persons employed for the management of the property,
(5) installations of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning, sewerage, etc.,
(6) the elevators, tanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and installations existing for the common use,
(7) such other common facilities as may be specially provided for in the declaration,
(8) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use;
(e) "common expenses" means expenses of administration, maintenance, repair or replacement of the common areas and facilities and all other sums assessed against the apartment owners by the association of apartment owners;
(f) "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;
(g) "competent authority" means the estate manager as notified by the Housing Department of the Government of Himachal Pradesh;
(h) "declaration" means the instrument by which the property is submitted to the provisions of this Act as hereinafter provided;
(i) "limited common areas and facilities" means those common areas and facilities which may be designated in the declaration as reserved for use of certain apartment or apartments to the exclusion of other apartments;
H.P. APARTMENT OWNERSHIP ACT, 1978 4
(j) "owner" in relation to a property or part thereof or an apartment, includes, for the purposes of this Act excepting the provisions of sub-section (1) of section 5 thereof, a lessee of such property or part or of such apartment, where the lease is for a period of twenty years or more;
(k) "prescribed" means prescribed by rules made under this Act;
and
(l) "property" comprises the land, the building and the common areas and facilities.