(1) This Act may be called the 2Telangana Apartments (Promotion of Construction and Ownership) Act, 1987.
(2) It extends to the whole of the State of 2Telangana.
(3) This section shall come into force at once, and the remaining provisions of this Act shall come into force in such areas and on such dates as the Government may, by notification, appoint, and different dates may be appointed for different areas.
2. The provisions of this Act, excepting Chapter III, shall apply to every property and the provisions of Chapter III, shall not apply to any property, unless the sole owner or all the owners thereof submit the same to the provisions of that Chapter by duly executing and registering a Declaration as hereafter provided.
1. The Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987 received the assent of the President on the 15th May, 1987. The said Act in force in the combined State, as on
02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws order, 2016, issued in G.O. Ms. No. 45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent and commencement.
Application of the Act.
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3. In this Act, unless context otherwise requires,-
(a) ―apartment‖ means a part of the property including one or more rooms or enclosed spaces located on any one of the floors consisting of a unit in a building, intended to be used for residence, Office, practice of any profession or for carrying on any occupation, trade or business or for any other independent use and with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway.
(b) ―Association of apartment owners‖ means all the apartment owners acting as a group in accordance with the provisions made by it in the bye-laws.
(c) ―Building‖ means a building containing five or more apartments, or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such buildings, and comprising a part of the property.
(d) ―Common areas and facilities‖ unless otherwise provided in the Declaration, means:
(i) the land on which the building is located;
(ii) foundations, columns, girders, beams, supports, main walls, roofs including terraces, halls, corridors, lobbies, stairs, stair-ways, fire-escapes and entrances and exits of the building.
(iii) Basements, cellars, yards, gardens, parking areas Children‘s play ground and storage spaces;
(iv) The premises for the lodging of janitors or caretakers or persons employed for the management of the property;
Definitions.
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(v) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, airconditioning and incinerating;
(vi) elevators, tanks, wells and bore-wells, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(vii) such other community and commercial facilities as may be provided for in the building plan and Declaration;
(viii) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;
(e) ―Common Expenses‖ means,—
(i) all sums lawfully assessed against the apartment owners by the association of apartment owners;
(ii) expenses of administration, maintenance, repairs or replacement of the common areas and facilities ;
(iii) expenses agreed upon as common expenses by the association of apartment owners;
(iv) expenses declared as common expenses by the provisions of this Act or by the Declaration or the bye-laws;
(v) premium for insurance coverage of the property;
(f) ―common profits‖ means the balance of all income, rents, profits and other income from the common areas and facilities remaining after the deduction of the common expenses;
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(g) ―competent authority‖ means any person or authority authorised by the Government by notification, to perform the functions of the competent authority under this Act for such areas as may be specified in the notification;
(h) ―declaration‖ means the instrument by which the property is submitted to the provisions of Chapter III, as provided by section 2 and such declaration as may be lawfully amended; from time to time;
(i) ―Government‖ means the State Government;
(j) ―Limited Common areas and facilities‘‘ means these common areas and facilities designated in the Declaration as reserved for the use of certain apartment or apartments to the exclusion of the other apartments;
(k) ―Notification‖ means a notification published in the 3Telangana Gazette and the word ―notified‖ shall be construed accordingly;
(I) ―Prescribed‖ means prescribed by rules made by the Government under this Act;
(m) ―Promotor‖ means a person who has already constructed or constructs a building of apartments for the purpose of selling some or all of them to other persons;
(n) ―Property‖ comprises the land, the building and the common areas and facilities.
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
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CHAPTER-II DUTIES AND LIABILITIES OF PROMOTERS