Rights of Apartment Owners after physical possession is offered

You would have heard of projects where rights to part of a club or commercial space have been sold/leased to a third party by the builder.
This is a matter of grave inconvenience to the owners. Such a practice by promoters can catch the innocent owners off guard.
Had the residents been made aware of such an imminent dilution of their share in common areas/facilities, they would have been prepared well in advance.

However, UP Apartment act 2010 has laid down a very strict requirement for promoters to declare the share of owners/buyers with respect to common areas and facilities as part of Form A.
As part of the form, builder needs to declare those limited common area which are not considered while coming up with the undivided share of a flat owner in common area and facilities (the limited area and facilities hence don’t contribute to super area of flat). Only such limited common area(s), if limited to use by the promoter are their property.

UP Apartment act has also laid down the rights of apartment owners, the basis for most of which is the above declaration.

We are listing down such rights of apartment owners upon the delivery of flat that (potential) residents shall be aware of:

(1) Every person to whom any apartment is sold or otherwise transferred by the promoter shall subject to the other provisions of this Act, be entitled to the exclusive holding and possession of the apartment so allotted, sold or otherwise transferred to him.

(2) Every person who becomes entitled to the exclusive holding and possession of an apartment shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the Deed of Apartment and such percentage shall be computed by taking, as a basis, the area of the apartment in relation to the aggregate area of all apartments of the building.

(3) (a) The percentage of the undivided interest of each apartment 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 owners.
(b) The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with apartment, even though such interest is not expressly mentioned in the conveyance or other instrument.

(4) The common areas and facilities shall not be transferred and remain undivided and no apartment 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.

(5) 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.

(6) The necessary work relating to maintenance, repair and modification or relocation 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 UP Apartment act and bylaws.

(7) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Board or Manager to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or 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.

(8) Each apartment owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set in the 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 Manager or Board on behalf of the Association of Apartment Owners or in a proper case, by an aggrieved apartment owner.

Comments/Feedback invited.

Last updated: May 12, 2015 at 23:59 pm

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Iceman

What about some changes in flat like – putting iron angle in balcony grill to dry clothes ? Installing iron gate on main wooden gate to enhance security ?

Ashok Mehta
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Ashok Mehta

Real service to inocent flat owners

sanjay ojha
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sanjay ojha

What about the parking charges. There is a supreme court ruling on this. Is it applicable to all or only the concerned parties in the lawsuit.

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