(1) Where an allotment, sale or other transfer of an apartment has been made, whether before or after the Apartment to be heritable and transferable.
Ownership of apartment subject to conditions.
commencement of this Act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allottee shall not become entitled to the ownership of that apartment or to the percentage of undivided interest in the common areas and facilities appurtenant to such apartment until full payment has been made of the consideration along with any amounts in respect of common expenses and payment of Government and municipal taxes incurred by the promoter before the formation of association together with interest if any due thereof and if there is a dispute about the amount payable by the allottee to the promoter the dispute shall be decided by the competent authority but the allottee shall be entitled to possession without waiting for the dispute to be decided.
(2) If after final payment as provided under sub-section
(1) has been made, any expenses incurred by the promoter for providing any requirement imposed by the State Government or the local authority, such as fire-fighting equipment, it shall be recoverable from the apartment owners and where any such allottee has been inducted into the possession of such apartment or any part thereof on certain terms and conditions in pursuance of such allotment, sale or other transfer, he shall continue to remain in possession thereof on the same terms and conditions and if a person has entered into a hire-purchase agreement with the promoter and has been inducted into the possession of an apartment on certain terms and conditions, he shall continue to remain in possession thereof on the same terms and conditions.
8. An apartment owner shall comply strictly with the provisions of this Act, the rules made there under and the bye-laws and with the covenants, conditions and restrictions set forth in the conveyance deed of apartment and failure to comply with any of them shall be a ground for action to recover sums due for damages or for injunctive relief, or both, by the Board on behalf of the association or, in a proper case, by an aggrieved apartment owner, before the competent authority.
9. Notwithstanding anything contained in any law for the time being in force, a person acquiring an apartment from an apartment Compliance with covenants and bye-laws.
Purchasers of lessees to execute undertaking.
owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner, shall, -
(a) in respect of the said apartment, be subject to the provisions of this Act; and
(b) execute within three months and register an instrument, in such form and in such manner, as may be prescribed, giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid, and file certified copy thereof in the office of the competent authority.
10. If an apartment is acquired by a person, whether by allotment, sale or otherwise, with the consideration thereof paid or provided by another person, the acquirer shall notwithstanding anything contained in any law for the time being in force, be deemed to be real owner of such apartment, and no court shall entertain any claim of the person paying or providing such consideration, for the title to such apartment, on the ground that the acquisition of the apartment was made on behalf of such person or on behalf of someone through whom such person claims.
11. No apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or hereditament or shall add any material structure or excavate any additional basement or cellar, without first obtaining the consent of all other apartment owners.
Explanation. - Where there is more than one building in the association, reference to the other apartment owners in this section, is only to the other apartment owners in the concerned building.