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Start Free TrialDelhi Apartment Ownership Act, 1986 Chapter IV
Title: Association of Apartment Owners and Bye-laws for the Regulation of the Affairs of Such Association
State: Central
Year: 1986
.....and shall be divided amongst all the apartment owners in the percentage equal to the percentage of undivided interest owned by each apartment owner in the property after paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner. Section 18 - Action (1) Without prejudice to the rights of any apartment owner, action may be brought by the Board of Manager, in either case in the discretion of the Board on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. (2) The service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person, designated in the bye-laws to receive service of process.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 15
Title: Association of Apartment Owners and Bye-laws Relating Thereto
State: Central
Year: 1986
.....of the property; (r) such other matters as are required to be, or may be, provided for in the bye-laws. (4) This bye-laws framed under sub-section (2) may also contain provisions, not inconsistent with this Act,-- (a) enabling the Board to retain certain areas of the building for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the apartment owners as income; (b) relating to the audit of the accounts of the Association of Apartment Owners and of the Board, and of the administration of the property; (c) specifying the times at which, and the manner in which annual general meetings and special general meetings of the Association of Apartment Owners shall be held and conducted; (d) specifying the time at which and the manner in which, the annual report relating to the activities of the Association of Apartment Owners shall be submitted; (e) specifying the manner in which the income derived and expenditure incurred by the.....
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 9
Title: Purchasers or Persons Taking Lease of Apartments from Apartment Owners to Execute an Undertaking
State: Central
Year: 1986
Notwithstanding anything contained in the Transfer of Property Act, 1882, 4 of 1982 or in any other law for the time being in the force, any person acquiring any apartment from any apartment owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner for a period of thirty years or more, shall,-- (a) in respect of the said apartment, be subject to the provisions of this Act; and (b) execute and register an instrument in such from, in such manner and within such period 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.
View Complete Act List Judgments citing this sectionApartment Ownership Act, 1972 Section 24
Title: Act to Be Binding on Apartment Owners, Tenants Etc
State: Karnataka
Year: 1972
(1) All apartment owners, tenants of such owners, employees of owners and tenants, or any other person that may in any manner use property or any part thereof submitted to the provisions of this Act shall be subject to this Act and to the Declaration and the bye-laws of the Association of Apartment Owners adopted pursuant to the provisions of this Act. (2) All agreements, decisions and determinations law-fully made by the Association of Apartment Owners in accordance with the voting percentages established under this Act, Declaration or bye-laws, shall be deemed to be binding on all apartment owners.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 24
Title: Act to Be Binding on Apartment Owners, Tenants Etc.
State: Central
Year: 1986
(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or other instrument and all apartment owners, tenants of owners, employees of owners and tenants, or any other person who may, in any manner, use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and the rules made thereunder: Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter on or before the 28th day of February, 1986. (2) All agreements, divisions and determinations lawfully made by the Association of Apartment Owners in accordance with the provisions of the Act and the bye-laws shall be deemed to be binding on all apartment owners.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 20
Title: Apartment Owner Not to Be Exempt from Liability for Contribution by Waiver of the Use of the Common Areas and Facilities
State: Central
Year: 1986
No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Chapter II
Title: Ownership, Heritability and Trasferability of Apartments
State: Central
Year: 1986
.....or sub-divided. (2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or sub-contractor, shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882, 4 of 1982 against the apartment or property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by the other apartment owner in the case of emergency repairs thereto. (3) The labour performed and material furnished for the common areas and facilities, if duly authorised by the Association of Apartment Owners in accordance with the provisions of this Act or the bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to the provisions of sub-section (4). (4) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the.....
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 12
Title: Encumbrances Against Apartments
State: Central
Year: 1986
.....such payment, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free of the charge or encumbrance so removed: Provided that such partial payment shall not prevent the person having a charge or any of the encumbrances from proceeding to enforce the rights in relation to the amount not so paid, against any other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment. (5) On any such payment, discharge on other satisfaction, referred to in sub-section (4), the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be free and clear of the charge or encumbrance, so paid, satisfied or discharged.
View Complete Act List Judgments citing this sectionDelhi Apartment Ownership Act, 1986 Section 4
Title: Ownership of Apartment
State: Central
Year: 1986
.....sold or otherwise transferred to him. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section (1) or sub-section (2) 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 value of the apartment in relation to the value of the property. (4) (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 the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument. (5) The common areas and facilities shall 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.....
View Complete Act List Judgments citing this sectionApartment Ownership Act, 1972 Section 9
Title: Encumbrances Against Apartments; Removal From, Encumbrances, Effect of Part Payment
State: Karnataka
Year: 1972
.....and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentages appearing in the Declaration. Subsequent to any such payment, discharge or other satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, satisfied or discharged. Such partial payments, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
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