(1) Each apartment 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 owners.
(2) The necessary work relating to the maintenance, repairs or 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.
(3) The association shall have the irrevocable right to be exercised by the Board to have access to each apartment from time to time during reasonable hours for the maintenance repairs or Common areas and facilities.
replacement of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments.
6. Subject to the provisions of section 7 an apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, shall constitute for all purposes a heritable and transferable immovable property within the meaning of any law for the time being in force and an apartment owner may transfer his apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale-mortgage, lease, gift, exchange or in any other manner whatsoever, in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings or remedies, and to penalty forfeiture or punishment, as any other immovable property, or he may make a request of the same under the law applicable to the transfer and succession of immovable property and the promoter shall neither impose any condition on such transfer in the agreement of sale nor collect any amount for acquiescing to such transfer:
Provided that, where the apartment is in possession of a person on the basis of a hire purchase agreement, the transfer of possession of the apartment shall be regulated by the hire purchase agreement and the transferor shall be jointly and severally liable with the transferee for the instalments yet to be paid:
Provided further that, where the apartment is in possession of a member of a housing cooperative society of the tenant copartnership type, the transfer of possession of the apartment shall be regulated by the laws, rules and bye-laws applicable to such society:
Provided further that where the building is on leasehold land the transfer shall be subject to the terms and conditions of the lease.