(Bangalore property|apartments|flats|lands for sale in Bangalore)
Unlike
independent houses, the residents of apartments have some unique rights and
duties, and it is vital to have a clear understanding of them if you happen to
live in an apartment.
First of all
let us consider the word 'Flat.' The word 'Flat' is not a legal term, and has
its roots in Scottish and Old English. 'Flet' meant a floor in Old English and
obviously it meant living on a floor of the building instead of occupying the
entire structure.
The Apartment
Ownership Act, defines an apartment as a property intended for independent use
including one or more floors or enclosed spaces located in one or more floors
(or parts thereof) 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 other types of independent use, and with a direct exit to a
road, or highway or to a common area leading to such street, road or highway.
In the
common man's language, the word 'Flat' means a residential, semiresidential or
non-residential unit.The word 'Apartment' is normally used to indicate a
residential unit.Going by the above definition, the words 'Apartment' and
'Flat' mean the same thing.An apartment shall be deemed fit for dwelling for
independent use even if sanitary, washing, bathing and facilities are common.An apartment
owner is the person or persons owning an apartment and an undivided interest in
the common areas.It also includes owners who have purchased apartments using
loans.
Common areas:
There is a
lot of confusion regarding 'Common Areas and Facilities.'As ownership of an
apartment is connected to an undivided interest in the common areas and
facilities, it is important to know as to how the term has to be understood legally.
The term
includes the land on which the building is located.The foundations, columns,
girders, beams, supports, main walls, roofs, halls, corridors,lobbies,
stairways, terrace, compound walls and fire escapes come under common areas.Water
sources are also common.The term also includes wells and sumps and water
supply will fall within the definition of the term.Sewerage and drainage
connections also come under common facilities.
The
entrances and exits of the building also come under common areas and
facilities.The basements, cellars, yards, gardens, parking areas and storage
spaces are also common.The premises inside the building meant for the lodging
of caretakers or persons employed for the maintenance of the property also
come under common areas.
Installations
connected with power, light, gas, hot and cold water,heater, refrigeration,air-conditioning and incinerating equipments are also part of common areas. The
elevators, tanks, pumps, motors, fans, compressors, ducts and in general, all
apparatus existing for common use is covered by the term.
Limited common
area:
Apart from
absolutely common areas there are also limited common areas and facilities.
They can be limited to a certain apartment or apartments and will not be accessible
to other apartments. They are allotted as per the agreement with the builder.Normally,
when two or more persons own a property, they will have an undivided interest
in the property.One or more persons having co-ownership of a property can
claim partition.
The term
'Partition' means division of an identified share of a person.In the case of
apartments nobody can claim a partition.The apartment and the undivided
interest in the common areas and facilities,is inheritable and transferable.
You can, therefore, inherit, sell, mortgage,lease, gift, settle, exchange or
deal with the property in any manner.
You will
have the same rights, privileges, obligations, liabilities and remedies, as any
other immovable property owner.You can also bequeath or will the apartment and
the undivided interest in the common areas.The undivided interest in common
areas and facilities is computed on the basis of the flat's plinth area.
Owners' Association:
If the
building has five or more apartments or three or more floors, an Association or
Society of Apartment Owners has to be registered under the Co-operative
Societies Act or the Societies Registrations Act, 1975.The objects
of the Association have to include maintenance of all common areas and
facilities, limited common areas and facilities and provide the amenities
needed by the apartment owners.If there are profits, it should be distributed
to all the apartment owners.The common expenses have to be shared by the owners
as per the percentage of their undivided interest in the common areas and
facilities.
Maintenance charges
Maintenance
charges are also collected on the basis of the ownership of the number of
apartments regardless of the undivided interest of the owners.The common
expenses will include amounts determined payable by the Association, expenses
of administration, maintenance and repair of common areas.As an apartment owner
you cannot do anything which will endanger the structural safety of the
property or reduce its value.
You will also
require the permission of other owners to add any structure or undertake
excavation or construct additional units or do anything which will affect the
others.
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