(1) The Common profits of the property shall be distributed among, and the Common expenses shall be charged to, the Apartment(Flat) owners according to the percentage of the undivided interest of the Apartment(Flat) owners in the Common areas and facilities.
(2) Where the Apartment(Flat) owner is not in the occupation of the Apartment(Flat) owned by him, the Common expenses payable by such Apartment(Flat) owner may be recovered from the person in the occupation of the Apartment(Flat).
(3) Common profits can be used for major repair/ up-gradation of Common facilities in future.
10. Ownership of Apartment(Flat)-
(1) Every person to whom any Apartment(Flat) is allotted, sold or otherwise transferred by the Promoter, on or after the commencement of this Act shall, save as otherwise provided in Section 11, and subject to the other provisions of this Act, be entitled to the exclusive ownership and possession of the Apartment(Flat) so allotted sold or otherwise transferred to him.
(2) Every person to whom any Apartment(Flat) was allotted, sold or otherwise transferred by the promoter before the commencement of this Act shall, save as otherwise provided under section 11 and subject to the other provisions of this Act, be entitled, on and from such commencement, to the exclusive ownership and possession of the Apartment(Flat) so allotted, sold or otherwise transferred to him.
(3) Every person who becomes entitled to the exclusive ownership and possession of an Apartment(Flat) under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the Common areas and facilities as may be >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 2 Qjojh] 2012 34 specified in the Deed of Apartment(Flat) and such percentage shall be computed by taking, as a basic, the value of the Apartment(Flat) in relation to the value of the property.
(4) (a) The percentage of the undivided interest of each Apartment(Flat) owner in the Common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the Apartment(Flat) owners.
(b) The percentage of the undivided interest in the Common areas and facilities shall not be separated from the Apartment(Flat) to which it appertains and shall be deemed to be conveyed or encumbered with the Apartment(Flat), even though such interest is not expressly mentioned in the conveyance or other instrument.
(5) The Common areas and facilities shall remain undivided and no Apartment(Flat) owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void.
(6) Each Apartment(Flat) owner may use the Common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other Apartment(Flat) owners.
(7) The necessary work relating to maintenance repair and replacement of the Common areas and facilities and the making of any additions or improvements thereto shall be carried out only in accordance with the provisions of this Act and the byelaws.
(8) The Association of Apartment(Flat) Owners shall have the irrevocable right, to be exercised by the Board of Manager, to have access to each Apartment(Flat) from time to time during reasonable hours for the maintenance, repairs or replacement of any of the Common areas or facilities therein, or accessible there from, or for making emergency repairs therein necessary to prevent damage to the Common areas and facilities or to any other Apartment(Flat) or Apartment(Flat).