Apartment culture in Bangalore has gained popularity due to
several factors and presently there are a large number of apartments built
within the city and on the outskirts of Bangalore.
The unique feature of apartments is that the owner of an apartment
will enjoy his property subject to several restrictions though he shall be
entitled to the exclusive ownership and possession of his / her apartment. He / She
will not get absolute right over the land on which the apartment building is
constructed, but only gets an undivided share in the land.
Every apartment
owner has to utilize the common areas and the common facilities like use of
stair case, elevators, fire escapes, basements, swimming pool, recreation
centre, community hall, play rooms, etc., in co-ordination with the other
apartment owners/occupants and has to make additions, alterations and repairs
to his apartment only with the consent of the apartment owners association andin accordance with the provisions of the bye-laws or guidelines of such association.
Further, the foundation, columns, girders, beams, etc., of an apartment
building are common and hence they are to be protected with care. In
apartments, the owners have always to keep in mind the philosophy of LIVE AND
LET OTHERS LIVE.
To regulate the activities of apartment owners in possession
and enjoyment of their apartments, State Governments have enacted and made applicablein their States the Apartment Ownership Act and rules. The State of Maharashtra
was first to enact "The Maharashtra Apartment Ownership Act 1970, which
has come into force with effect from February 19, 1971. The Karnataka ApartmentOwnership Act, 1972, was published in Karnataka Gazette extraordinary on
23.07.1973 and came into force from 01.04.1975.
Before proceeding further it is worthwhile to know the
definitions of Apartment, building, property, and Flat.
"Apartment" is defined in Karnataka Apartment
Ownership Act, 1972, as "a part of the property intended for any type of
independent use, including one or more rooms or enclosed spaces located on one
or more floor (or parts thereof) in a building intended to be used for residential
purposes and with a direct exit to a public street, road or highway or to a
common area leading to such street, road or highway".
The Act defines "Building" as a building
containing four or more apartments or two or more buildings each containing two
or more apartments with total four or more apartments of all such buildings and
comprising a part of the property.
Like various commonly used words having different meaning
the word "property" also has a distinct meaning in the KarnatakaApartment Ownership Act. This includes land, building all improvements and structures
thereon, allowed in freehold or held on lease or as a occupant under any law
relating to land revenue and all easements, rights, appurtenances belong
thereto and all articles of personal property intended to use in connection
with which have been or intended to be submitted to the provisions of Act.
Management and Transfer Act, 1972, "Flat" is
defined to mean a separate and self contained set of premises used, intended to
be used for residence or office, or showroom or shops or go down (includes a garage)
the premises forming a part of a building. According to Karnataka Ownership
Flat (Regulation of the Promotion of Construction, Sale, Management andTransfer Act, 1972, "Flat" is defined to mean separate and self contained set of premises
used, intended to be used for residence or office, or showroom or shops or go
down (includes a garage) the premises forming a part of a building.
The unique feature of apartments is the utilization of the common
areas and facilities by the apartment owners which are to be shared by all the
apartment owners since none of them will have an absolute ownership or
beneficial right over the common areas and common facilities. These areas and facilities
include the land on which building is constructed, foundation, columns girders,
beams, supports, terrace, corridors, lobbies, stairs, fire escapes, entrances
and exits of the building, basement, cellars, gardens, storage spaces, the
premises, generators, installations of central services like power, light, gas,
hot and cold water, heating, refrigeration, air conditioning, incinerating, elevators,
tanks, pumps, compressors, ducts, etc. and in general all apparatus and
installations existing for any common use.
Further, the community halls and commercial facilities
available within the precincts of the apartment building which are necessary
for enjoyment of the apartment owners are also considered as common facilities.
All such common areas and facilities are to be mentioned in the deed ofdeclaration to be registered with the jurisdictional sub- registrar.
To maintain these common areas and to provide the common,
money is needed. Every apartment owner has to contribute his/her share in the
common expenses calculated on the basis of the super built area of his
apartment which is to be paid regularly by all the apartment owners without
default. As per section 19 of the Karnataka Apartment Ownership Act, 1972 all unpaid
common expenses shall constitute a charge on such apartment prior to all other
charges, except the charge, if any, on apartment or payment of government and municipal
taxes and all sums unpaid on a first mortgage of the apartment.
According to the Karnataka Apartment Ownership Act, "Common
expenses" means (a) all sums lawfully assessed against the apartment owner
by the Association of apartment owners; (b) expenses of administration,
maintenance, repair or replacement of common areas and facilities; (c) expenses
agreed upon as common expenses in bye-laws; and (d) expenses declared as common
expenses by the provisions of the Act or by the declaration or the bye-laws. As
the common expenses are liable to be shared there could never be any loss. On
the contrary, there are chances of surplus fund which is known as common
profits. Common profits mean balance of all income, rents, profits, and
revenues from common areas and facilities remaining after deduction of common
expenses.
Deed of declaration
If any apartment owner wants to be governed by the
provisions of the Karnataka Apartment Ownership Act, he shall execute a deed of
declaration of apartment under the Act, which is to be registered with jurisdictional
sub registrar. This Deed contains description of land on which the building is
constructed, whether the land is freehold or leasehold, complete description of
building, mentioning the number of floors, basement number of apartments and principle
materials of which it is constructed, number of each apartment, location, area,
number of rooms, immediate common area to which it has access and any other
data relevant for proper identification, description of common areas and facilities,
value of the property and of each apartment, percentage of undivided interest
in common areas and facilities for each apartment, name of the owner, voting
rights, method by which the declaration may be amended etc.
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