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COMMON AREAS AND FACILITIES[1]

Table of Contents

(Ss. 3 (f) and 6)

Short Notes

Common areas and facilities.

I. Definition of Common areas and facilities (S. 3 (f):-

“Common areas and facilities”, unless otherwise provided in the Deliration or lawful amendments thereto, means:-

(1) the land on which the building is located;

(2) the foundations, columns, girders, beams, support, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fire escapes and entrances and exits of the building;

(3) the basements, cellars, yards, gardens, parking areas and storage spaces;

(4) the premises for the lodging of janitors or persons employed for the management of the property;

(5) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning and incinerating;

(6) the elevators, tanks, pumps, motors, fans, compressors, ducts and, in general, all apparatus and installations existing for common use;

(7) such community and commercial facilities as may be provided for in the Declaration; and

(8) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;

II. Use, ownership, etc. of Common areas and facilities (S. 6):-

(1) Undivided interest:-

Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the parentage expressed in the Declaration. Such parentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property, and such percentage shall reflect the limited common areas and facilities.

(2) Percentage of the undivided interest:-

The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have a permanent character. It shall not be altered without the consent of all the apartment owners expressed in an amended Declaration, which means the ‘declaration’ is duly executed and registered as provided in this Act. 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.

(3) Common areas and facilities shall remain undivided:-

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 unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the contrary shall be null and void.

(4) Use of common areas and facilities:-

Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.

(5) Maintenance, repairs, etc., of common area and facility:-

The necessary work of maintenance, repair, and replacement of the common areas and facilities and making any additions or improvements thereto shall be carried out only as provided herein and in the by-laws.

(6) The right of association as to maintenance, repair, etc.:-

The Association of Apartment Owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repairs and replacement of any of the common areas and facilities therein or accessed there from; or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments.

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[1] सार्वजनिक क्षेत्र/जागा व सार्वजनिक सुविधा [सार्वजनिक क्षेत्र और सुविधाएं]