(1) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of their undivided interest in the common areas and facilities.
(2) Where an apartment owner is not in the occupation of his apartment, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment, whether or not such person holds a tenancy, licence or agreement from the apartment owner or is a purchaser, grantee, legatee or other transferee.
(3) The apartment owner, or the person in occupation, as the case may be, is liable to pay the common expenses, irrespective of whether or not the conveyance deed of apartment or the endorsement thereon has been executed under sub-section (1) or sub-section (4) of section 14 and registered under section 16, or the certified copy of the conveyance deed of apartment has been delivered to the apartment owner, or, as the case may be, to the transferee.
(4) In respect of apartments not yet allotted, sold or otherwise transferred, the promoter, who shall be an associate member of the association, shall be liable to pay the common expenses, as if he is a person in occupation of such apartments:
Provided that the promoter shall not be liable to the association or to the State Government or the local authority, for any dues accrued in respect of an apartment after the possession is handed over.
(5) The promoter may collect amounts from the apartment owners before the formation of the association, towards the common expenses or towards the sinking fund for replacement of fixed assets or for payment of Government or municipal taxes or stamp duty or registration fee for the conveyance deed of apartment or other conveyance and the promoter shall be liable to Common profits, Common expenses and other matters.
account for such amounts and shall, within three months of the formulation of the association, transfer the surplus amounts in his hands to the association or to the apartment owners, as the case may be.
25. No apartment owner may exempt himself from liability for his contribution towards the common expenses, by waiver of the use or enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.
26. All sums assessed by the association but unpaid for the share of the common expenses chargeable to any apartment shall constitute a charge on such apartment, prior to all other charges, except only, -
(a) the charge, if any, on the apartment for payment of Government and municipal taxes;
(b) all sums unpaid on a first mortgage of the apartment;
(c) any instalment due but remained unpaid under the hire-purchase agreement; and
(d) arrears of ground rent and other charges payable to the lessor.