Apartment Ownership

The Haryana Apartment Ownership Act, 1983


Haryana Act No. 10 of 1983


                              Introduction
                              Commencement and Application of Act
                              Definitions
                              Status and Ownership of apartments.
                              Common areas and facilities
                              Contents of declaration
                              Contents of deed of apartment
                              Removal from provision of Act
                              Bye-laws
                              Other
                              Forms
                              Notifications
                              The Haryana Apartment Ownership Rules, 1987
                                     Chapter I
                                     Chapter II
                                     Chapter III
                                     Chapter IV
                                     Chapter V
                                     Chapter VI
                                     Chapter VII
                                     Chapter VIII
                                     Chapter IX
                                     Chapter X

         

Received the assent of the Governor of Haryana on 26th September, 1983, and was published in the Haryana Gazette. (Extra), Legislative Supplement, Part I, dated September 28, 1983/ Asvina 6, 1905
                    An Act to provide for the ownership of an individual apartment in a building and to make such apartment heritable and transferable property and matters connected therewith.

STATEMENT OF OBJECTS AND REASONS

                   Housing is a basic human necessity and the quality of the house as well as of its environment plays an important role in the  growth of individuals, both physically and mentally. One of the root cause, of the present day discontent and  unrest in the working force as well as the students, in our society, is the lack of proper quality of life and the living environment in the settlements. The widening gap between the rising population and the housing stock added every year has  gradually reached such a critical stage that the   problem of providing proper shelter and desirable standard of living seems to be beyond solution. The efforts made by the  Government as well as different agencies have not made much dent into the problem.

                   Haryana  is predominantly an agricultural State, it is not advisable to use fertile lands more and more for housing purposes which ultimately will tell upon the  production of foodgrain. It is essential that for solving  the housing problem economy in the use of  land as well as in the use of Capital Investment should be  observed, for which Group Housing will have  to be promoted. Therefore, for the promotion of Group Housing will have to be promoted. Therefore, for he  promotion of Group Housing, it is necessary that the State should have some statute to control the building activities as well the ownership right.

Hence this Bill }.

***

                             

       Be it enacted by the Legislature of the State of  Haryana in the Thirty-fourth Year of the Republic of India as follows:-
1. Short title and commencement-
(1) This Act may be called the Haryana Apartment Ownership Act,  1983.
  (2) It extends to The whole of the State of Haryana.
(3) This Act shall come into force in such areas and on such dates as the State Government may, by notification, appoint and different dates  may be appointed for different areas.
2. Application of Act.-
    The provisions of this Act shall apply to every apartment lawfully constructed for residential purposes, integrated commercial complexes, flatted factories, Information Technology Industrial Unit, Cyber Park and Cyber City for the purpose of transfer of ownership of an individual apartment in a building whether constructed before or after the commencement of this Act. In case of licences issued under the Haryana Development and Regulation of Urban Areas Act, 1975 ( 8 of 1975 ), the owner of such property/building shall duly execute and get registered a declaration within a period of ninety days after obtaining part completion/completion certificate  under the rules framed under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) , or occupation certificate under the rules framed under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963), whichever is earlier, in case of property/building falling in the area developed by the Haryana Urban Development Authority, the owner of such property/building shall duly execute and get registered a declaration within a period of ninety days  after obtaining occupation certificate of the building under regulations framed under the Haryana Urban Development Authority Act 1977 ( 13 of 1977) . In case  of property/building where the owner has already obtained part completion/completion certificate or occupation certificate under the rules and regulations framed under the said Acts, the period of ninety days shall take effect from the commencement of this Act.
                Explanation. – For the purpose of this section “Information Technology Industrial Units”, “Cyber Park” and “Cyber City” shall have the same meaning as assigned to them in the Zoning Regulations of Development Plans of various cities published under Section 5  of the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963, ( 41 of 1963), }
 

                                                      

3. Definitions.- In this Act, unless the  context otherwise requires.---
  (a)  “Apartment” means a part of a property, intended for any type of   independent use, including building having one or more rooms with enclosed spaces located on one or more floors or any part or parts thereof, to be used for residence, office or for practicing any profession or for carrying on any occupation, trade, business or manufacturing or  other uses relating to Information Technology or for such other type of  independent use, as may be prescribed, with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway and includes any garage or room (whether or not adjacent to the building in which such apartment is located) provided  by the colonizer/owner of such property for use by the owner of such apartment for parking any vehicle or for the residence of any person employed in such  apartment, as the case may be.
            Explanation.- For the purpose of this clause as “colonizer” shall have the same meaning assigned under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);
  (b) “apartment owner” means the person or persons owning an apartment and undivided interest in the common areas  and facilities in the  percentage specified and established in the declaration;
  (c) “apartment number” means the number, letter combination thereof designating the apartment in  the declaration;
  (d) “association of apartment owners” means all the apartment owners acting as a group in accordance with the bye-laws and the declarations;
  (e) “building” means a building containing five or more apartments or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such buildings and comprising a part of the property;
  (f) “common areas and facilities” unless otherwise provided in the declaration or lawful amendments thereto, means.-
      (1)  . the land on which the building is located;
    (2) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors lobbies, stairs, stair ways, fire escapes and entrances and exits of the building;
    (3) the basements, cellars, yards, gardens, parking area and storage spaces;
    (4) The premises for the lodging of janitors or persons employed for management of the property;
    (5) installation 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 existing maintenance and safety or normally  in common use;
  (g) “Common expenses” means-
    (1) all sums lawfully assessed against the apartment owners by  the association of apartment owners;
    (2) expenses of  administration, maintenance, repair or replacement  of the common areas and facilities;
    (3) expenses agreed upon as common expenses by the association of apartment owners;
    (4) expenses declared as common expenses by the provisions of this Act, or by the declaration or the bye-laws;
  (h) “Common profits” means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after  the deduction of the common expenses;
  (i) “Competent authority” means Chief Administrator, Haryana  Urban Development Authority in respect of the Area developed by the said Authority constituted under sub-section (1) of section 3 of the  Haryana Urban Development Authority Act, 1977 (13 of 1977) till maintenance of that area remains with the said Authority, Director, Urban Development Department, Haryana, in respect of the other area falling  within the municipal limits and Director, Town and Country Planning Department, Haryana  in respect of the other area falling outside the municipal limits and includes a person for the time being appointed by State Government, by notification, to exercise and perform all or any of the powers  and functions of the competent authority under this Act and the rules made thereunder;}
  {(j) “Declaration” means the instrument to be executed and got registered in the prescribed  form and includes the amended declaration;
  (jj) “Flatted factories” means a group of small industrial units located in multi-storeyed buildings sharing common services and facilities and having their undivided share in the land;
  (jjj) “Integrated commercial complex” means building (s) containing apartments sharing common services and facilities and having their  undivided share in the land and meant to be used for office or for  practicing any profession or for carrying on any occupation, trade,  business or such other type of independent use as may be prescribed;}
  (k) “Joint family” means an  undivided  Hindu family and in the case of  other persons, a group or unit, the members of which are by custom jointly in possession or residence;
  (l) “Limited common areas and facilities” means those common areas and  facilities designated in the declaration and reserved for use of certain apartment or apartments to the exclusion of other apartments;
  (m) “Majority” or” majority of apartment owners” means the apartment owners with 51% or more of  the votes in accordance with the  percentage assigned in the declaration to the apartments for voting purposes;
(n) “Person” includes a joint family;
  (o) “Prescribed” means prescribed by the rules made under this Act;
  (p) “Property” means  the land,  the building, all improvements and structures thereon,  owned in free-hold or held on lease or as occupant under any law relating to land revenue and all easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection therewith (XXX).
 

                     

4. Status of apartments.-
                Each apartment together with its undivided  interest in the common areas and facilities, appurtenant to such apartment, shall  for all purposes constitute heritable and transferable immovable property within the  meaning of  any law for the time being in force in the State of Haryana.
5. Ownership of apartments. –
  (1) Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the declaration.
  (2) Each apartment owner shall execute a deed of apartment in relation to his apartment in the manner prescribed.
   

          

6. Common areas and facilities.-
(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the apartments in relation to the value of the property; and such percentage shall reflect the limited common areas and facilities.
  (2) 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 and shall not be altered without the consent of all of  the apartment  owners and expressed in an amended declaration 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) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division  or 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) 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) The necessary work of maintenance, repair  and replacement of the common areas  and facilities and the making of any addition of improvements thereto shall be carried out as provided herein and  in the bye-laws.
  (6) The association of apartment owners shall have the irrevocable right,  to be exercised by the Manager or Board of Managers thereof, to have access to each apartment from time to time during reasonable hours as may be necessary for the  maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs  therein necessary to prevent damage to the common areas and facilities or to another apartment  or apartments.
7. Compliance with covenants, by-laws.-
  Each apartment owner shall comply strictly with the bye-laws, regulations, covenants, conditions and restrictions, set  forth in the declaration or in the deed of apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due, for damages or  injunctive relief or both, maintainable by the Manager or  Board or Managers  on behalf of the association of apartment owners, or in a proper case by an aggrieved apartment owner.
8. Prohibition  of certain works.-
  No apartment owner shall do any  work which would jeopardize the soundness or safety of the  property, reduce the value thereof or impair any easement or hereditament or add any material structure or excavate any additional basement or celler without the prior consent  of other apartment owners.
9. Encumbrances against apartments. – 
  (1)      Subsequent to the recording of the declaration as provided in this Act and while the property remains subject to this  Act, no encumbrance of any nature shall thereafter arise or be effective against the property. During such period, encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the  common areas and facilities appurtenant to such apartment, in the same manner and under  the same conditions in every respect as encumbrances may arise or be created  upon or against any other separate parcel of property subject to individual  ownership:
   

     Provided that, if during the period any encumbrance has  arisen or been created against such apartment  and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, no apartment and such percentage of undivided interest shall be partitioned or sub-divided in interest:

   

     Provided further that no labour performed or materials 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 against the apartment or any other property of any other apartment owner not  expressly consenting to or  requesting the same, except that such consent shall be deemed to  be given by the owner of any apartment in the case of emergency repairs thereto, labour performed and material furnished for the common areas and facilities, if duly authorized by the association of apartment owners, the Manager or Board of Managing in accordance with the Act, the declaration or bye-laws, shall be deemed to be performed or furnished with the consent of each apartment owner  and shall be the basis for a charge or encumbrance under the Act aforesaid  against each of the apartment and shall be subject to the provisions of sub-section (2).

  (2)

     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 percentage of undivided interest in the   common areas and facilities appurtenant to such apartments from the charge or  encumbrance by payment of the proportional amounts  attributable to each of the apartments affected. Such  individual payment shall be computed by reference to the  percentage 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 payment, 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.

10. Common profits and expenses.-
 

       The common profits of the property shall be distributed among, and the common expenses shall be  charged to, the apartment owners according  to the  percentage of the undivided interest in the common areas and facilities.

11. Contents of declaration.- (1) The declaration shall contain the following particulars, namely:-
(a)          description of land on which the building and improvements are to be  located and whether the land  is freehold or leasehold;
(b) description of the building stating the number of storey and basement, the number of apartments and the principal materials of which it is or is to be constructed;
(c)   the apartment number of each apartment and a statement of its location, approximate area, number of rooms and immediate common area to which it has access and any other data necessary for its proper identification;
(d) description of the limited common area and facilities;
(e) description  of the limited common area and facilities, if any, stating to which apartments  their use is reserved;
    (f) value of the property and of each apartment and the percentage of undivided interest  in the  common areas and facilities appertaining to  each apartment  and its owner for  all purposes, including voting, and a statement that the apartment and such percentage of  undivided interest are not encumbered in any manner whatsoever or not on the date of the declaration;
(g) statement of the  purposes for which the building and each of the apartments are intended  and restricted as to use;
    (h) the name of a person to receive service of process in the cases  hereinafter provided, together with the  residence or place of business of such persons which shall be within the city, town or village in which the building is located;
    (i) provisions as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore or sell the property in the event of damage or destruction of all  of part of  the property;
    (j) any other details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with this Act; and
    (k) the method by which the declaration may be amended consistent with the  provisions of this Act.
  (2) A true copy of each  of the declaration and bye-laws and all  amendments to the declaration or the bye-laws shall be filed  in the office of the  competent authority.
 

         

12. Contents of deed of apartment.:-
(1) The deed of apartment shall include the following particulars, namely:-
    (a) description  of the land as provided in section 11 or the postal address of the property, including in either case the number, page and date of executing the declaration, the date and serial number of its registration under  the Indian Registration Act, 1908 and the date  & other reference, if any, of its filing with the competent authority;
(b) the apartment number of the apartment  in the declaration and any other data necessary for its proper identification;
(c) statement  of the use for  which the apartment is intended and restrictions on  its use , if any;
    (d) the percentage of undivided interest appertaining to the apartment in the common areas and facilities; and
(e) any further details which may be desirable to set forth consistent of the declaration and this Act.
(2) A true copy of every deed of apartment shall be filed in the office  of the competent authority.
13. Declaration, deed of apartments and copies of floor plans to be registered.- 
  (1) The declaration and all amendments thereto and the deed of apartment in respect of each apartment and the floor plans of the buildings referred to in sub-section (2) shall be registered under the Indian Registration Act, 1908.
  (2)       Simultaneously with the  registration of the declaration, there shall be filed along with it a set of the floor plans of the buildings showing the layout, locations, apartment numbers and dimensions of the apartments, stating the name of the  building or that it has no name and bearing the verified statement of an architect certifying that it is an accurate copy of the portions of the plans of the building  as  filed with and approved by the local authority within whose jurisdiction the  building is located. If such plans do not include a verified statement by such architect that such plans fully and accurately depict the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment, an amendment to the  declaration to which shall  be attached a verified statement  of an architect certifying that the plans therefore filed, or being filed simultaneously with such amendment, fully and  accurately, depict the layout, location, apartment number and dimension of the apartment as built.
  (3)       In all registration offices a book called “Register of declarations and deeds of apartments under the Haryana Apartment ownership Act, 1983” and index relating thereto shall be kept. The book and the index shall be kept in such form and shall  contain such particulars as may be prescribed.
  (4)       It shall be the duty of every Manager or Board of  Managers  to sent to the Sub-Registrar of the Sub-District in which the property containing the apartment is situated, or if there is no Sub-Registrar for the area, to the Registrar of the District in which such property is situated, a certified copy of the declaration and deed of apartment made in respect  of every apartment contained in the building forming part of the  property.
  (5)       The Sub-Registrar or as the case may be, the Registrar shall register the declaration alongwith the floor plans of the building and the deed of apartment in the register and also enter particulars in the index kept under sub-section (3), Any person acquiring an apartment of  any  apartment owner shall be deemed  to have notice of the declaration and deed of apartment.
  (6)       Except  as provided in this section, the provisions of the Indian Registration Act, 1968 shall, mutatis mutandis, apply to the  registration of such declarations and deeds of apartments and the words and expressions, used in this section but not defined in this Act shall have the meaning assigned to them in the Indian Registration Act, 1908.
 

           

14. Removal from provision of Act.:– (1) All the  apartment owners may remove a property from the provisions of this Act by any  instrument to that effect  duly executed:
  Provided that  the holders of all charges and other encumbrances affecting any of the apartments may consent thereto or agree, in either case by instruments duly executed, that their charges or encumbrances be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided.
  (2) Upon removal of the  property from the provisions of this Act, the  property shall be deemed to be owned in common by the apartment owners. The  undivided interest in the property  owned in common  which shall appertain to  each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.
15. Removal no bar to subsequent resubmission  of property to Act.:-
  The removal provided for in section 14 shall in no way bar the subsequent resubmission of the  property to the provisions of this Act.
 

              

16. Bye-laws.- (1) The Administration  of every property shall be  governed by bye-laws, a true copy of which shall be annexed to the declaration. No modification of or amendment to the bye-laws shall  be valid unless set forth in an amendment to the declaration and such amendment is duly recorded and a copy thereof is duly filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
    (a) the election from among the apartment owners of a Board of Managers, the number of persons constituting  the same, the tenure of such Board and that the term of at least one third  of the members of such Board shall expire annually; the powers and duties of the Board, the method of appointment and removal from office of Secretary, Manager or Managing Agent and specifying which of the powers and duties  granted  to the Board by this Act or otherwise may be delegated by the  Board to any or all of them;
    (b) the method of calling meeting of the Board of Managers or of the  apartment owners including the procedure of voting and quorum;
    (c) the election of a President from among the members of the Board of Managers to preside over the meetings of such Board and of the Association of Apartment Owners;
    (d) election of a Secretary, who shall keep a minute book wherein resolution shall be recorded;
(e) the election of a Treasurer who shall keep the financial records and books of accounts;
(f) the maintenance, repair and replacement of the common areas and facilities and payments therefore;
(g) the manner of collecting from the apartment owners their share  of the  common expenses;
(h) the designation and removal of person employed for the maintenance, repair and replacement of the common areas and facilities;
    (i) the method of adopting and of amending the regulations governing details of the operation and use of common areas and facilities;
    (j) such restrictions on the requirements respecting  the use  and maintenance of the apartments and the use of the common areas and facilities not set forth in the declaration, as are designed to prevent  unreasonable interference with the use of their respective apartments  and of  the  common areas and facilities by the  apartment owners;
    (k) the percentage of the votes required to amend  the bye-laws and the procedure for such amendments.
  (3) The bye-laws may also provide for the following matters namely:-
    (a) subject to the provisions of this Act, provisions for regulating transfer or partition of any apartment and percentage of undivided interest in the  common areas and facilities appurtenant to such apartment, subject to such terms and conditions as may be specified in the bye-laws;
    (b) provisions enabling the Board of Managers to lease out certain areas of the property for the purposes for which the same are meant  and for distribution of resulting proceeds to the apartment owners as income  or application thereto in reduction of their common charges for maintaining the said property;
    (c) any other provisions not inconsistent with the provisions of this Act, relating to the audit and accounts and administration of the property and annual and special general meetings, annual report and the like.
     

 

17. Liability towards common expenses.- No apartment owner shall be entitled to exempt himself from the liability for his contribution  towards  the common expenses by waiver of the use or enjoyment  of any of the common  area and facilities or by abandonment of his apartment.
18. Separate assessment.- Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common area and facilities appurtenant to such apartment (being an apartment submitted to the provisions of the Act ) shall be deemed to be separate for the purposes of assessment to tax on lands and buildings liable under such law and shall be assessed and taxed accordingly. The building, the property or any of the common areas and facilities shall not be deemed to be separate property for the purpose of the levy of such tax.
19. Charge on property for common expenses.- All sums assessed by the association of apartment owners towards the share of the common expenses chargeable to any apartment and remaining unpaid, shall constitute a charge on such apartment prior to all other charges, except charge, if any, on the apartment, for payment of the Government and local taxes, and all sums unpaid on a first mortgage of the apartment.
20. Joint and several liability of vendor etc. for  unpaid common expenses.—Upon the transfer of an apartment, the transferee of the apartment shall be jointly and severally liable with the transferor for all unpaid assessments for his share of the common expenses up to the time of the transfer without prejudice to the transferee’s right to recover from the transferor or the amount paid by the transferee therefore. Any such transferee shall be entitled to a statement from the Secretary or Board of Managers, setting forth the amount of the unpaid assessment against the transferor and such transferee and such apartment shall not be liable for nor shall be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such transfer in excess of the amount therein set forth.
21. Insurance.—The Manager or Board of Managers, if required by declaration or the bye-laws or by a majority of the apartment owners at the request of a mortgage having a first mortgage covering an apartment shall have the authority to and shall obtain insurance for the property against loss or damage by fire, and such other hazards over such terms and for such amount as shall be required or requested. Such insurance coverage shall be for the property in the name of such Manager or the Board of Managers or the association of the apartment owners as trustee for each of the apartment owners in the percentage specified in the declaration. Premiums shall be deemed to a part of common expenses, provisions for such insurance shall be without prejudice to the right of each apartment owner to insure his apartment for his benefit.
22. Disposition of property, destruction or damage. –If within sixty days of the date of damage to or destruction of all or part of the property it is not determined by the association of apartment owners to repair, reconstruct or rebuild, in that event:-
  (a) the property shall be deemed to be owned in common by apartment owner;
  (b) the undivided interests in the property, owned in common which shall appertain to each apartment owner shall be the percentage of the undivided intrest previously owned by such owners in the common areas and facilities;
  (c) any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the  percentage of the undivided interest of the apartment owner in the property as provided herein; and
  (d) the property shall be subject to an action for partition at the suit of any apartment owner in which event the net proceeds of the sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided  among all the apartment owners in percentage equal to the percentage of undivided interest owned by each owner in the property after first 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.
23. Action.—Without limiting the rights of any apartment owner, actions may be brought by the manager or Board of Managers, in either case in the discretion of the Board of Managers, 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 of more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities of more than one apartments may be made on the person designated in the declaration to receive service of process.
24. Act to be binding on apartment owners, tenants etc. –(1) All apartment owners, tenants of such owners, employees of owners and tenants or any other person who may in any manner use property or any part thereof, shall be subject to the provisions of 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 lawfully 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.
24-A.   Penalties.-  Any owner of property/building, who does not file declaration within the period specified under section 2, shall be punishable with imprisonment of either description for a term which may extend  to three years and shall also be liable to a fine of  not less that Rs. 50,000 and Rs. 10,000 for each day of continuing offence.
24-B.   Sanction of prosecution.- No prosecution of any offence punishable under this Act, shall be instituted  except with the previous sanction of the  competent authority or any officer authorized in writing by him in this behalf.
24-C. Composition of Offence.- (1) The Competent Authority or any person authorized by him by general or special order made in this behalf, may either before or after the institution of the prosecution compound any offence made punishable by or under this Act.
  (2) Where an offence has been compounded the offender, if  in custody, shall be released and no further proceedings shall betaken against him in respect of the offence compounded.
25. Power to make rules. – 
(1) The State Government may, by notification, make rules for carrying into effect the provisions of this Act.
  (2) Every rule made under this section shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in successive sessions, and if before the expiry of the session in which it is laid or the session  immediately following the  house agrees in making any modification in the rule or the House agrees that  the rule should not  be made the  rules shall have effect only in such modified form or be of no  effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity or anything previously done or omitted to be done under that rule.
***

       

The Haryana Apartment Ownership Rules, 1987

Dated 20th November, 1987

No.G.S.R 100/H.A. 10/83/S,25/87. – In exercise of the powers conferred by sub-section (1) of section 25 of the Haryana Apartment Ownership Act, 1983 (Haryana Act No. 10 of 1983), the Governor of Haryana hereby makes the following rules, namely:-
1. Short title-  These rules may be called the Haryana Apartment Ownership Rules, 1987.
2. Definitions.-In these rules, unless the context otherwise requires-
(a) “Act” means the Haryana Apartment ownership Act, 1983.
(b) “form” means a form appended to these rules;
  (c) “section” means a section of the Act.
3. Form of declaration. ( Section 25 ).- The declaration to be executed and registered under section 2 of the Act by the  sole owner or all the owners shall be in form A.
4. Deed of apartment. (Section 5 (2) ).(1) The deed of the apartment to be executed by each apartment owner under sub-section 5 shall be in form B.
(2) the deed shall be signed by the apartment owner and verified in the presence of a Magistrate or any other  person competent to administer oath and shall be filed with the competent authority within thirty days from the date of its execution or within such longer period as that authority may permit.
5. Conveyance by deed of apartments. (Section 5(2) ). All transfers of apartment by the sole owner or all the owners of the property lawfully constructed for residential purposes, integrated commercial complexes, flatted factories, information technology industrial units, Cyber Park and Cyber City (being an owner or owners who has or have executed and registered a declaration in Form A) to an apartment owner and subsequent transfers from an apartment owner to his transferee shall be by a deed of apartment.
6. Form of Register of declaration etc. { Section 13(3) }. – (1) The register of declaration and deeds of apartments lawfully constructed for residential purposes, integrated commercial complexes, flatted factories, information technology industrial units, cyber Park and cyber city for the purpose of subsection (3) of Section 13 shall be In Form C.
(2) the index to such register shall be in Form D.
7. Form for sending certified copy of declaration and deed of apartment. Section 13 (4) – The Manager or Board of Managers shall send  a certified copy of the  declaration and deed of apartment in Form E.

Marginal notes instructions for filing certain block spaces

 

FORM A

(See rule 3 )

FORM OF DECLARATION

In the …….(enter the name of city and District)…….on this …………..day   …….(enter the day month and year of declaration). I/We……….(enter the name  of sole owner or owners ) here after referred  to as “Grantor” , ( who is fully empowered and qualified to execute this Deed) do hereby state:-

I. that the Grantor owns the following land situated in ……… (inserts metres and bound description of land on which the building scheme is located and add (a) the city survey number if any (b) revenue particulars of the land, (Also state the date and registration details of the last document of title under which the Grantor claims the land ), which is described as follows, namely:-
II. that the Grantor has constructed on this parcel of land, described in  I above, an apartment Building, (xxx) Known as …..(enter the name of building. (xxx)  According to plans attached hereto  as Exhibit A, which were approved  by the (insert name of authority sanctioning the plans and date of sanction), on the day of …..and which are made a part thereof as.
(a) Municipal index of property number and ward as….
  (b) Postal address of the building/scheme as
III.

That the said property consists of the following:- (Insert here the details of scheme as the areas under common building and   services of roads, public health electrification and recreational facilities. Numbers and types of blocks, details of apartments and facilities at different levels in each type of block etc.) The various (apartments) of the scheme are all capable of individual utilization  on account of having their own exit to common area and facility of the  building/property scheme; and the apartment will be  sold to one or more owners, each owner obtaining a particular and exclusive property rights thereto and each apartment constituting  a heritable and transferable immovable property within the meaning of any law for the time being in force in the State (hereinafter  be referred to as Independent Unit “I.U” ) and also an individual interest in the  general and / or  restricted common areas and facilities of the building/property  scheme, as listed hereinafter the declaration deed, necessary for their  adequate use and enjoyment, and referred to as.

(a) General facilities, for all apartments of the scheme;
(b) Common facilities for independent units of individual block; and
(c) Restricted common facilities for I.U.’s  on same floor of individual all the block above in accordance with Haryana Apartment Ownership Act, 1983.
IV. That the aforesaid building (xxx) has a total building area of ……..Square metres on all floors, of which……. Square metres will constitute the independent units  and remaining…..Square metres will constitute the general and / or restricted common areas and facilities.
V. That this condominium shall be know as “………” insert the building/scheme as given II above and that the  independent units and common areas/facilities of the building/scheme shall be as follows  and as shown in the drawing as Exhibit B.
          Independent Units.

          Block     Floor   Type of   Description  Built up  Numbers  Number

          Index                 I.U.’s       of I.U.’s       area of     of such     of such

                                                                      I.U.’s        I.U.’s        block

A            Ground  A-1
                        A-2
                        A-3
            First      A-11
                        A-12
                        A-13
          Second  A-21
                        A-22
B            Ground  B-1
                        B -2
                        B-3
             First     B-11
                        B-12
                        B-13
          Second  B-21
                        B-22
The said independent units shall  be systematically numbered indicating the  block,. Floor and apartment number.
The area of I.U.’s include all outer walls and one-half of common walls.

Common Areas and Facilities- In the parcel of  land described in para 1, of this deed, consists of common approach roads, car parking, landscape and parks, community centers, Lounges, corridors, staircases, lifts and common services and equipments, etc. as detailed below:-

(a)  General common areas and facilities for  complete scheme:-
(b) Common facilities restricted for I.U.’s of individual blocks:-
Block (A)………..Block (B) …………Block (C)…………
(c) Common facilities restricted for floor-wiose use, block-A floor one]...................[floor one]......[floor two]........[floor three]......Block B [floor one]........[floor two]..........
VI. (a) that the right, title and interest of each owner of a independent unit in general common areas and facilities listed in para –V (2) (a) and  their proportionate share in the profit and common expenses in the said general  common areas and facilities as well as the representation  for voting purpose in  the meeting of the Association of Apartment Owners of the ……condominium is based on the proportionate value of each I.U. to the total value of  all such I.U.’s as follows:-
          Total Value of all the Independent Units in the scheme Rs…..
   

Type of    Value of    Percentage of interest Total Number  Total percentage-
Independent each    in common facilities    of such          centage 3 and 4

units            I.U.       and voting                   I.U.’s           

   

                                                                                      ----------

                                                                                       100% G.T

  (b) that the right, title and interest of each owner of a independent unit  in different blocks and on different floors in the restricted  common facilities for different blocks and different floors as listed in paras V (2)(b) and V(2)(c) respectively; and their proportionate share in the profit and common expenses in the said  acts of restricted common areas and facilities, as well as the proportionate representation of voting purpose with respect to the said restricted common areas and facilities in the meeting of Association of Apartment owners of the …….. condominium is based on the proportionate value of each independent unit to the  total value of all I.U.’s located in that block and on their respective floors as follows:-
Total value of all independent units in each block and floor is:-
Block A          Total Rs.          G. floor Rs…………    Ist floor Rs………..
Etc. floor Rs………
Block B      Total Rs.          G. floor Rs…………    Ist floor Rs………..
Etc. floor Rs………
Block Floor Type of       Value of     Percentage of restricted common
                      I.U            Such          facilities and voting
                                        I.U           -----------------------------------
                                                              Block wise   Floor wise
   

1             2          3            4                  5                6

   
                             Nos. of each I.U.s.                     Total of %

    In this block         in this floor          Block-wise     Floor-wise
          7                        8                        9                    10

(c) The proportionate representation for voting purpose provided in (a) and  (b) hereof may be limited in accordance with the provision of bye-laws attached hereto as Exhibit B.
(d) Apartment/apartments and the percentage of undivided interests in the common areas and facilities appertaining to the apartment/each apartment, are not encumbered in any manner whatsoever on the date of this declaration.
VII.         That the Administration of ……..Condominium consisting as aforesaid of  the building and parcel of land described in paragraphs first and fifth of this deed shall be in accordance with the provisions of this Deed and with the provisions of the by-laws which are made a part  of this Deed and are attached hereto as Exhibit. B;
VIII.         That as appears above a plan of apartment ownership is hereby constituted under and subject to the  provisions  of the Haryana Apartment Ownership Act, 1983, so that the independent units of the ……… upper floor may be conveyed and registered as individuals properties capable of independent  use, on account of each  having its own exits to a common area and facility of the  building, each independent unit owner having an exclusive and particular right, title  and  interest over his respective independent unit and in addition to the specified undivided  interest in the  common areas and facilities  and / or restricted common areas and facilities.
IX. That for the purpose of stamp duty and registration fees to be imposed on the registration of this deed in the Register of declarations and deeds of Apartment under section 13(5) the value of the ………Condominium is distributed as follows:-
  (a) Parcel of land described in paragraph first hereof is valued at Rs…………
(b) The building described in paragraphs second  and third thereof is valued at Rs……….(Rupees………..).
X.   that so long as the Grantor owns one or more of the independent units the Grantor shall be subject  to the provisions  of this deed and of the Exhibits A and B attached hereto and the Grantor covenants to take no action which will adversely affect the rights of the Association of Apartment owners with respect to assurances against latent defects in the building or other rights assigned to the association  by reason of the establishment of the ………condominium.
XI.   that the general and/ or restricted common areas and facilities shall remain undivided and no owner shall bring any action for partition or division thereof.
XII.   that the  percentage of the undivided  interest in the general and/or restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in amendment to this deed duly registered;
XIII.   that the undivided interest in the general and/or restricted  common areas and facilities shall not be separated from the independent unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other  instrument;
XIV.   that each apartment owner shall comply with the provisions of this deed, the bye-laws, decisions and resolutions of the association of apartment owners or its representative, and failure to comply with any such provisions, decision or resolution, shall grounds for an action to recover sums due for damages, or for injunctive relief;
XV.   that the dedication of the property to the plan of apartment ownership herein shall not  be revoked, or the property removed from plan of apartment ownership, or any of the provisions herein amended unless all the apartment owners and  the mortgages of all the mortgages covering the units unanimously agree to such revocation, or amendment or removal of the property from the plan by only registered instruments;
XVI.   that no apartment owner of a independent unit may exempt himself from  liability for  his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or restrict common areas and facilities, or by the abandonment of his independent unit;
XVII.   all  sums assessed by the association but unpaid for the share of the  common expenses chargeable to any independent unit shall constitute a charge on such independent unit prior to all other  charges except only (1) charge, if any, on the independent unit for payment of Government or Municipal taxes or both and (2) all sums unpaid on a first mortgage of the apartment;
XVIII.   that all present or future owners, tenants, future tenants or any other person that might use the facilities  of the building in any manner, are subject to the provisions of this deed and that the mere acquisition or rental of any of the independent units of the building or the mere act of occupancy of any of the  said  units shall signify that the provisions of this deed are accepted and satisfied. The respective independent units shall not be rented or given on lease and licence or caretaker basis by the apartments owners thereof for transient or hotel purposes, which shall be defined as 9a) rental compensation or compensation  for any period less than thirty days or (b) any rental or if the  occupants of the independent unit are provided customary hotel or boarding  or lodging or paying guest services other than the forgoing obligations, the apartment owners of the respective independent units shall have the absolute right to lease such unit or give it on lease or leave and licence or care taker basis provided that the said lease or leave or licence or care taker basis is made subject to the covenants and restrictions contained in this declaration and further  subject to the Bye-laws in Exhibit B attached hereto;
XIX.   that if the  property, subject to the  plant of Apartment ownership is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be as provided by the Haryana Apartment Ownership Act, 1983.
XX.   that where a independent unit is sold by a mortgage in exercise of his powers of sale under an English mortgage or by a court in execution of a decree in a suit brought by a mortgagee against the owner of such independent unit, then neither the mortgagee nor the purchaser who derives title to be independent  unit  at such sale or his successors or assigns shall be liable for assessments by the association  which became due prior to the acquisition   of title by such acquirer, it being understood, however, that the above shall not be construed to prevent the association of apartment owners from filing and claiming charge for  such assessments and enforcing same as provided by law and that such charge shall be subordinate to such mortgage;
XXI.   that in a voluntary conveyance  of a independent unit  the grantee of the unit shall be jointly and  severally liable with the Grantor for all unpaid assessments by the association of apartment owners against the letter conveyance without prejudice to the grantee’s right to recover from the Grantor the amount paid by the grantee therefore. However , any such grantee shall be  entitled to a  statement from the manager or Board of Managers of the association as the  case may be, setting forth the amount of the unpaid assessments against  the Grantor due to the association and such grantee shall not be liable for, nor shall the independent unit conveyed be subject to a charge for, any unpaid assessments made by the association of apartment owners against the Grantor in excess of the amount therein, set forth;
XXII.   that the Manager or board of Managers of the association shall obtain and continue in effect blanket property insurance in form and amount satisfactory to mortgages  holding first mortgages covering independent units but without prejudice to the right of the owner of a independent unit to obtain individual independent unit insurance;
XXIII.   that insurance premium for any blanket insurance coverage shall be a common expense to be paid by monthly assessments levied by the association of  apartment owners; and that  such payment shall be held in a separate account of the association and used solely for the payment of the blanket property insurance premium as such premiums become due.
In witness where of Shri…….set his hand this…. Day of………20

Signed and delivered by

1. Presence of----
2. Signatures……….Full name………and address
2. Signatures…….Full name……… and address
1. Exhibit A- as referred to  in clause II
2. Exhibit B- as referred to in clause XVIII

EXHIBIT A

(See Clause II Form A)

Here annexe attested  copies of plans of the scheme as sanctioned by competent authority, and showing at least the following details:-
1. Site/Survey plan of the  scheme area showing its location and surroundings, with certificate of ownership of land  issued by appropriate authority.
2. Layout plan of the scheme showing various apartments blocks and common buildings and services of roads, parking, public health and electrification installations, landscaping and recreation facilities as also the schedule of areas under various apartments, apartments blocks and different common facilities.
3. all floor plans, elevations and sufficient sections of each block of building with (a) schedules indicating the areas under various apartments and areas under  common facilities of lounge, stairs lifts for that block and (b) schedule indicating the various apartments on each floor and details or common floor facilities for exclusive use of apartments on that floor.
4. Apartment wise schedule of percentage of interest (a) in common facilities of the total scheme, (b) of the block  in which that  apartment is located and (c) of the floor of that apartment.

EXHIBIT B

(See Clause XVIII Form A)

Bye-laws of ………condominium

1. Short title and application:–  (1)These by-laws may be called the Bye-laws of the …….(here insert the name of condominium), condominium.
  (2) The provisions of these by-laws apply to the ……condominium.
    All present or future owners, tenants, future tenants or their employees or any other person that might use the facilities of the building in any manner are subject to the regulations set forth in these by laws.
    The mere acquisition or rental or taking licence of any of the independent units (hereinafter referred to as “units) of the building or occupancy of any of the said units will signify that these bye-laws are accepted, ratified and will be complied with.
2. Definitions.- In these bye-laws unless the context requires otherwise:-
  (a) “Act”  means the Haryana Apartment Ownership Act, 1986;
  (b) “Association” means the association of all the apartment owners constituted by such owners for the purpose of the …..Condominium;
  (c) “Board” means a Board of Managers consisting of …..persons all of whom shall be owners of apartments in the …..condominium;
  (d) “building” means the building located at ………and known as the …….condominium, and includes the land forming part thereof;
(e) ‘declaration” means  the declaration which the sole owner of the building or all the owners of the building have executed and registered as provided in section 2;
(f) “majority of owners”  means those owners holding 51 per cent of the votes in accordance with the percentages assigned in the declaration;
(g)  “owners’ or ”apartment owner”  means the person owning an apartment in the ……Condominium;
(h) “Section” means a section  of the Act;
(i) “unit” means a independent unit in the Condominium;
(j) “Registrar” means the Registrar of Co-Operative Societies.
3. Apartment ownership – The building  located at street, city/towns village of …………in the……..District………known as ……. Condominium is submitted to the provisions of the Act.
4. Objects of Association-
  (1) The objects of the Association shall be-
(a) to be and to act as the  Association of Apartment owners of the building called……..at………(hereinafter called “ the said building” ) who have filed their respective declarations submitting their apartments to the provisions of the Act;
(b) to invest or deposit moneys;
(c) to provide for the maintenance, repair and replacement of the common areas and facilities by contribution from the apartment owners, and a necessary by rising loans, for that purpose.
    (d) To retain and rent or licence if possible  suitable portions of the  common areas to outsiders for commercial purposes and to distribute the common profit left after deducting the common expenses amongst the apartment owners as common profits or accumulate the same for building up a reserve fund;
(e) To provide for and do all and any of the matters provided in sub-section (2) of Section 16;
(f) To advance with the consent of the apartment owners, any short terms loans to any apartment owners in case of any emergent necessity and to provide for the repayment thereof in lump sum or in installments;
    (g) To establish and carry on, on its own  account or  jointly with individual or institutions, education, physical, social and creative activities for the benefit of the apartment owners;
(h) To frame rules with the approval of the general meeting of the Association and after consulting the competent authority and may establish a provident fund and gratuity fund if necessary for the  benefit  of the employees of the Association;
(i) To do all things necessary or and otherwise provide for their welfare expedient for the attainment of the objects specified in these by-laws.
  (2) The Association shall not act beyond the scope of its objects without fully amending the provisions of these by-laws for the purpose.
5. Members of Association.—
  (1) All  persons who have purchased apartment in the ….condominium and executed respective declarations under section 5 submitting their apartments to provisions of the Act shall automatically  be the members of the Association , and shall pay the sum of one rupee as entrance for and may purchase at least one share of the face value of Rs.100/- each. Each apartment owner shall receive a copy of the bye-laws on payment of one rupee.
  (2) Upon any apartment owner selling his apartment   or absolutely conveying  the same  by way of gift under his will or otherwise the purchaser or donee shall automatically become a member of the Association, and shall be admitted  as member on payment of the entrance fee of one rupee. The share held by as apartment  owner  shall be transferred to the name of such purchaser or donor on payment of one rupee to the Association.
  (3) on the death of an apartment owner, his apartment shall be transferred to the person or persons to whom he bequeaths the same by his will, or to the legal representatives of his estate, in case  he has not made any specific bequest of the apartment. The name of the legatee or the names of legal representatives jointly shall be entered in the register of apartment owners maintained by the Secretary for the purpose of Administration, of the ……..Condominium as apartment owner of joint apartment owners. Where any legatee is a minor, the apartment owner shall be entitled to appoint a guardian of such minor.
6. Joint apartment owners. –
                  Where an apartment has been purchased by two or more persons jointly, they  shall be jointly entitled to the apartment and the shares of the Association shall be issued in their joint names, but the  person whose name stands first in the share certificate shall alone have the right to vote.
7. Holding of one share compulsory. – Every apartment owner must hold at least one share of the Association (joint apartment owners holding the shares jointly).
8. Disqualifications.
                No apartment owner shall be  entitled to vote on the questions of the election of members of the Board or the President, Secretary, Treasurer or any other office-bearer or be entitled to stand for election to such office if he is in arrears on the last day of the year in respect of  his  contributions for common expenses to the Association for more than 60 days.

    

CHAPTER II

VOTING QUORUM AND PROXIES
9. voting.
             Voting shall be on a percentage basis, and the percentage of the vote to which the owner is entitled is the percentage assigned to the independent unit or units in the declaration.
10. Quorum. – Except as otherwise provided in these by-laws, the presence in person of a majority of owners shall constitute a quorum
11. Vote to be cast in person. – Votes shall be cast in person.

  

CHAPTER III

ADMINISTRATION

12. Powers and duties of Association.
                          The Association will have responsibility  of administering the ….. Condominium, approving the annual budget, establishing and collecting monthly assessments and arranging for the management of the condominium in an efficient manner. Except as otherwise provided, resolutions of the Association shall  require approval by a majority of owners, casting votes in person.
13. Place of meetings.
                         meetings of the association shall be held at suitable place convenient to the owners as may from time to time be designated by the Association.
14. Annual meeting.-
                          The first annual meeting of the association shall be held on ……(date). Thereafter, the annual meetings of the Association shall be held on the …….(1st, 2nd , 3rd, 4th)…… (Monday, Tuesday, Wednesday, etc.) of…..(month) each succeeding year. At such meetings there shall be elected by ballot of the apartment owners may also transact such other business of the Association as may properly come before them.
15. Special meetings.-
                          It shall be the duty of the President to call  a special meeting of the apartment owners as directed by a resolutions of the Board or upon a petition signed by a majority of the owner and having been presented to the Secretary, or at the request  of the Housing Commissioner, or as the case may be, the Registrar or any officer duly authorized by him in his behalf. The  notice of any special meeting shall state the time  and place of such meeting and the  purpose thereof. No other business shall be transacted at a special meeting except as stated  in the notice without the consent of four-fifths of the owners present in person.
16. Notice of meeting.-
                         It shall be the duty of the Secretary to mail or send a notice of each  annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each apartment owner at least 2 but nor more than 7 days prior to such meeting. The mailing or sending of a notice in the manner provided in this by-law, shall  be considered notice served. Notice of all meetings shall be mailed or sent to the  Housing Commissioners, or as the case may be, to the Registrar.
17. Adjourned meetings.
                        if any meeting of owners cannot be organized because a quorum has not attended the owners who are present, may adjourn the  meeting to a time not less than forty-eight hours from the time the original meeting was called. If at such adjourned meeting also, no quorum in present the  owners present  in person being not less than two shall form a quorum.
18. Order of business. – The order of business at all meetings of the owners of units shall be as follows:-
(a) Roll call
(b) Proof of notice of meeting or waiver of notice.
(c) Heading of minutes of preceding meeting.
(d) Report of officers
(e) Report of the Housing Commissioner, or the Registrar or of the Office duly authorized by them, if present.
(f) Report of committees.
(g) Election of board of managers.
(h) Unfinished business, if any.
(i) New Business.

            

CHAPTER IV

Board of Managers

19. Management of Association. – the affairs of the Association shall be governed by a board of Managers.
20. Powers and duties of Board.-
                   the Board of Managers shall have the powers and duties necessary for the administration of the affairs of the Association, and may do all such acts and things as are not by law or by these by-laws directed to be exercised and done by the owners.
21. Other duties.- In addition to duties imposed by these by-laws or by resolution of the association , the Board shall be responsible for the following that is to say-
  (a) Care, upkeep and surveillance of the …..Condominium and the common areas and facilities  and the restricted common areas and facilities;
(b) collection  of  monthly assessment from the owners;
  (c) designation, employment remuneration and dismissal of the personnel necessary for the maintenance and operation of the ….Condominium, the common areas and facilities and the restricted common areas and facilities;
  (d) to provide for the manner in which the audit and  accounts of the Association, shall be carried out;
  (e) to inspect the accounts kept by the Secretary and/or the treasurer and examine the registers and account books and to take steps for the recovery of all  sums due to the Association;
  (f) to sanction working expenses, count cash balance and deal with other miscellaneous business;
(g) to see that cash book is written up promptly and is signed daily by one of the members of the Board authorized in this behalf;
(h) to hear and deal with complaints.
22. Manager.
                   The Board may employ for the Association a manager at a compensation determined by the Board to perform such duties and services as the Board shall authorize including but not limited to the duties listed in by-law 21.
23. Election and term of office.
                   At the time of first annual meeting of the  Association the term of office of the two managers shall be fixed for three years. The term of office of two managers shall be fixed at two years and the term of  office of one manager shall be fixed at one year. At the expiration of the initial term of  office of each respective manager, his successor shall be elected to serve a term of three years. The managers shall hold office until their successors have been elected and hold their first meeting. (If a larger Board is contemplated, the terms of office should be established in a similar manner so that they will expire in different, years).
24. Vacancies.
                 Vacancies in the Board caused by any reason other than the removal of a manager by a vote of the Association shall be filled by vote of the majority of the remaining managers, even though they  may constitute less than a quorum; and  each person so elected shall be a manager until  a successor is elected at the next annual meeting of the Association.
25. Removal of managers.
               At any regular or special meeting duly called any one or more of the managers  may be removed with or without cause by a majority of the apartment owners and a successor may then and there be elected to fill the vacancy thus created. Any manager whose removal has been proposed by the owners shall be given an opportunity to be heard at the meeting.
26. Organization meeting . –
                The first meeting of newly elected Board shall be held within ten days of election at such place as shall be fixed by the managers at the meeting at which such managers were  elected and no notice shall be necessary to the newly elected managers in order legally to constitute such meeting, provided a majority of the whole Board shall be present.
27. Regular meeting.
                Regular meeting of the Board may be held at such time and place as shall be determined from time to time by a majority of managers but at least two such meetings shall be held during each year. Notice of regular meetings of the Board shall be given to each manager, personally or by mail or telegraph, at least three days prior to the day named for such meetings.
28. Special meetings.
               Special  meetings of the Board may be called by the President on three days notice to each  Manager given personally or by mail, or telegraph which notice shall state the time, place (as herein above provided) and purpose of the meeting. Special meetings of the Board shall be called by the President or Secretary in like manner and on like notice on the written request of at least three Managers.
29. Waiver of notice. –
               Before or at any meeting  of the Board any manager, may, in writing waive notice of such meetings and such waiver shall be deemed equivalent to the giving  of such notice. Attendance by a Manager at any meeting of Board shall be a waiver of notice by him of the time and place thereof. If all the Managers are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
30. Quorum.
                All meeting of the Board, one-third of the total length of the managers shall constitute a quorum for the transaction of business and the acts of the managers present at a meeting at which  a quorum is present shall be the acts of the Board. If at any meeting of the Board, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting , any business which might have been transacted at the  meeting as originally called may be transacted without further notice, provided there is a quorum present.
31. Fidelity Bonds.-
                  The Board may require that all  officers and employees of the Association handling or responsible  for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be paid by the Association.
 

          

CHAPTER V

OFFICERS
32. Designation.
                    The principal officers of the Association shall be a President, a Vice-president, a Secretary and a Treasurer, all of whom shall be elected by and  from the Board of Managers. The Board may appoint an Assistant Treasurer, and a Assistant Secretary and such  other officers as in their judgment may be necessary ( in the case of an Association of one hundred  owners  or less the offices  of treasurer and Secretary may be filled by the same person).
33. Election of officers. –
                            The officers of the Association shall be elected annually by the Board of Managers at the organization meeting of each new Board and shall hold office at the pleasure of the Board.
34. Removal of officers.
                    Upon an affirmative vote of a majority of the members  of the Board  any officer may be removed, either with or without cause and his successor elected at any regular meeting of the Board or at any special meeting of the Board called for such purpose.
35. President.-
                   The President shall be the Chief Executive Officer of the Association. He shall preside at all meetings of the Association and of the Board. He shall have all  of the general powers and duties which are  usually vested in the office of the President of an Association, including, but not  limited to the  power to appoint committees from among the owners from time to time  as he may in his  discretion decide to be appropriate to assist in the conduct of the affairs of the Association.
36. Vide-president.
                       The Vice President shall take place of the President and perform his duties whenever the President shall be absent or unable to act. It neither the President nor the Vice-President  is able to Act, the Board shall appoint some other member of the Board so to act on an interim basis . The Vide President shall also perform such other duties as shall from time to time be imposed upon him by the Board.
37. The Secretary shall keep the minutes of all meeting of  the Board and the minutes of all meetings of the Association;  he shall have charge of such books and papers as the Board may direct; and he shall; in general, perform all the duties incidental to the office of Secretary.
38. Treasurer.
                      The Treasurer shall  be responsible for Association funds and securities and shall also be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association. He shall be responsible for the deposits of all moneys and other valuable effects in the name and to the credit of the Association in such depositaries as may  from time to time be designated by the Board or Managers.

              

CHAPTER VI

OBLIGATION OF THE APARTMENT OWNERS

39. Assessments :-
                       All owners are obliged to pay monthly assessments imposed by the Association to meet all expenses relating to the …..Condominium, which may include an insurance premium  for a policy to cover repair and  reconstruction work in case  of hurricane, fire, earthquake or other hazard or calamity. The  assessments shall be made pro rata according  to the value of the unit owned, as, stipulated in the  declaration. Such assessments shall include monthly payments to a General Operating Reserve and a Reserve Fund for Replacements.
40. Maintenance and repair. –  
  (1) Every owner must perform promptly all maintenance and repair work within his own unit, which if omitted would affect the …… Condominium in entirety or in a part belonging to other owners, being expressly responsible for the damages and liabilities that his failure to do so may endanger.
  (2) All the repairs of internal installations of the unit such as water, light, gas, power, sewage, telephones, air-conditioners, sanitary installations, doors, windows lamps and all other accessories belonging to the unit area shall be at the expense of the apartment owner concerned.
  (3) An owner shall reimburse the Association for any expenditures incurred in repairing or replacing any common area and facility damaged through his fault.
41. Use of Independent units. – Internal changes. – 
  (1) All units shall be utilized for the purpose indicated  by the grantor in the deed of declaration.
  (2) An owner shall not make any structural modifications or alternations in his unit or installations located therein without previously notifying the Association in writings, through the President of the Board if no manager is employed. The Association shall have the obligation to answer within thirty days and failure to do so within the stipulated time shall mean that there is no objection to the proposed modification, alternation or installation.
42. Use of common areas and facilities and restricted common areas and facilities. – 
  (1) An owner shall not place or cause to be placed in the lobbies vestibules, stairways, elevators and other areas of ….Condominium and facilities of a similar nature both common and restricted any furniture, packages or objects of any kind. Such areas shall be used for no other purpose than for normal transit through them.
  (2) The…………Condominium shall have …………elevators…………..devoted  to the transportation  of the owners and their guests and……..for freight service or auxiliary purposes. Owners and tradesmen are  expressly  required to utilize exclusively  a freight or service elevator for Transporting packages, merchandise or any other objects that may effect the comfort or well being of the passengers of the elevators dedicated to the transportation of owners, occupants and guests.
43. Right of entry.
  (1) An owner shall grant the right  of entry to the Manager or to any other person authorized by the Board or the Association in case of any emergency originating in or threatening his unit, whether the owner is present at the time or not.
  (2) An owner shall permit other owners or their representatives when so required, to enter  his unit for the purpose of performing  installation, alternation, or repairs to the mechanical  or electrical services, provided, that requests for entry are made in advance and  that such entry is at a time convenient to the  owner in case   of emergency, such right of entry shall be immediate.
44. Rules of conduct.
  (1) No occupant of the ……Condominium shall post any advertisement or posters of any kind  in or on the building except as authorized by the Association.
  (2) Occupants shall exercise extreme care about making noises or the use of musical instruments, radios, television, and amplifiers that may disturb others Occupants keeping domestic animals shall abide by the municipal sanitary by-laws or regulations.
(3) It is prohibited to hand garments, rugs etc. from the windows, balconies, or  from any of the facades of the …..Condominium.
  (4) It is prohibited to dust rugs, etc. from the windows, or to clean rugs, etc. by beating on the exterior part of the said Condominium.
(5) It is prohibited to throw garbage or trash outside the disposal installations provided for such purposes in the service area. If such installations is not provided, all garbage or trash shall be collected in a vessel and thrown in the municipal dust bin.
  (6] No owner, occupant or lessee shall install wiring  for  electrical or telephone installation, television antennae, machines or air conditioning units etc. on the exterior of the……..Condominium or that protrude through the wall or the  roof of that Condominium except as authorized by the Association.

  

CHAPTER VII

FUNDS AND THEIR INVESTMENTS

45.

Funds..- Funds may be raised by the Association in all or any of the following ways, namely:-   

(a)

by share;

(b)

by contributions and donations from the apartment owners;       

(c)

from common profit which shall form the nucleus of the Reserve Fund;

  (d) by raising loans, if necessary, subject to such terms and conditions as the Association, with approval of the Competent Authority, may determine in this behalf.
46. Investment. – The Association may invest  or deposit funds  in one or more of the following triset:-
  a) In the central Co-operative bank or in the state Co-operative bank; or
  b) In any of the scrutiny specified in section 20 of the Indian Trust Act, 1882; or
  c) In any co-operative bank other than those referred to in clause (a) of this bye - law; or in any banking company approval for this purpose by the Association.
47. Affiliation. –
                      Should there be any Federation of apartment  owners in the locality in which the ……..Condominium is situated, the Association may, after consulting the competent authority, become a member thereof, and pay   the sums from time to time payable to such Federation under the rules thereof.
48. Accounts.
  (1) A banking account shall be opened by the Association into which all moneys received  on behalf of the Association, shall be paid provided that  the Secretary may  retain  in his personal  custody an amount not exceeding Rs. 100 for petty expenses. All payments above Rs. 20 shall be made by cheques signed by the Secretary and one member of the Board of Managers.
  (2) Each apartment owner shall have a pass book in which the Secretary shall enter amounts paid to or received for his share in receipts of profits from common areas and contributions towards common expenses, and his share of assessment and other dues, if any, in respect of his apartment.
  (3) The Association shall on or before 31st July, in each year publish an audited annual financial statement in resect of the common area and facilities containing:-
(a) the profit and loss account;
    (b) the receipts and expenditure of the previous financial year; and
(c) In any co-operative bank other than those referred to in clause (a) of this bye - law; or in any banking company approval for this purpose by the Association.
  (4) The audited financial statement shall be open to the inspection of any member of the Association during office hours and in the office of the association and a copy thereof, shall be submitted to the competent authority not later than 15th August, every year.
  (5) Every financial statement shall be accompanied by a complete list of the apartment owners.  There shall also accompany the financial statement a similar list of loanees.  The financial statement shall state up to what date profits and expenses of common areas are included.
49. Publication of Accounts and Reports.-
                            A copy of the last financial statement and of the report of the auditor, if any, shall be kept in a conspicuous place in the office of the Association.
50. Appointment of Auditor.-
                              The Association shall appoint at its general meeting, an auditor who shall audit the accounts of the Association to be prepared by the Board as herein before provided and shall examine the annual return, and verify the same with the accounts relating thereto and shall either sign the same as found by him to be correct duly vouched and in accordance with the law, or specially report to the Association in what respect he finds it incorrect, unvouched or not in accordance with law.
51. Power of Auditor-.
                              The auditor shall be entitled to call for and examine any papers or documents belonging to the Association relating to the common areas and faculties including limited common areas and facilities) and common expenses and shall make a special report to the Association upon any matter connected with the accounts which appears to him to require notice.

          

CHAPTER VIII

MORTGAGES.

52. Notice of Association.-
                             An owner who mortgages his unit, shall notify the Association through the Manager, if any, or the President of the Board in the event there is no Manager, the name and address of his mortgagee; and the Association shall maintain such information in a book entitled “Mortgagees of Units.”
53. Notice of unpaid assessment.- The Association shall at the request of a Mortgagee of a unit report any unpaid assessment due from the owner of such unit.

          

CHAPTER IX

COMPLIANCE

54 Compliance-.
                    These by-laws are set forth to comply with the requirements of the Haryana Apartment Ownership Act, 1983.  In case, any of these by-laws conflict with the provisions of the said Act, it is hereby agreed and accepted that the provisions of the Act will apply.
55. Seal of the Association.-
                     The Association shall have a common seal which shall be in the custody of the Secretary, and shall be used only under the authority of a resolution of a Board of Managers and every deed of instrument to which the seal is affixed shall be attested for or on behalf of the Association by two members of the Board and the Secretary or any other person authorized by the Association in that behalf.

               

CHAPTER X

AMENDMENTS TO PLAN OF APARTMENT OWNERSHIP

56. Amendment of by-laws.-
                          These by-laws may be amended by the Association in a duly constituted meeting for such purpose and no amendment shall take effect unless approved by owners representing at least 75 per cent of the total value of all units in the………… condominium as shown in the declaration.

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FORM B

( See Rule 4)

FORM OF DEED OF APARTMENT

  1. I ------------ hereby declare that I am the first/present owner of apartment No.------on the-------floor of a building now under construction/already constructed called------situated at--------in the city/town/village of--------in the district of----------
2. I derived title to the said apartment by a Deed of apartment bearing date-------between------and myself.
  3. I hereby declare that I , my heirs, executors, administrators and assigns and the said apartment referred to in paragraph  1 of this declaration, shall hereafter be subject to the provisions of the Haryana Apartment Ownership Act, 1983 and all amendments thereto and I further declare that I shall comply strictly with the convenants, conditions and restriction sort forth in the declaration and with the bye-laws forming part thereof, and attached hereto as Exhibit  “B” and with the administrative rules and regulations adopted pursuant to such by-laws (as either of the same may be lawfully amended from time to time) and in the Deed of Apartment.
Solemnly affirmed/sworn at-----aforesaid the----day of
Before me

FORM C

(See Rule 6(1)

FORM OF REGISTER FOR DECLARATIONS AND DEEDS OF APARTMENTS.

A. Particulars of apartment shcme-.  Name of scheme------ Location of scheme, road etc.-------city…..Postal Index----Dist….
B. Particulars of build/Promoter-------------name--------- Address---------
C. Revenue particulars of scheme area--------H.b. No------Rect. No.-------------Khasra No…………….
D. Index of apartment as shown in the plan annexed Block---------Floor----------Apt. No.--------Type----------
Registration office, tehsil, district, in which the declaration and deed of apartment are regularized---------------------------.
1. Sr.No.
2. Date of application for registration.
3. Name of apartment owner.
4. Address.
5. Date of declaration.
6. Date of registration of the declaration.
7. Percentage of undivided common interest.
8. Date of deed of apartment.
9. Date of registration of deed of apartment.
10. Price of apartment settled.
11. Date of payment of price.

FORM D

( See Rule 6(2) )

FORM    OF  INDEX  TO  REGISTER

1. Name of executing party of the building
2.  Place of residence
3.  Situation of property
4.  Apartment No. floor of the building and name.
5.  Nature of deed (i.e. declaration or deed or apartment) and consideration.
6.  Date of…….. Execution
7.  Date of Registration.
8.  Serial No. volume and page.
9.  Remarks.

FORM E

( SEE RULE 7)

FORM OF MEMORANDUM

A. Particulars of the apartment scheme- Name of scheme----
Location of scheme, roads-----City--------Postal Index-----
District----
B. Particulars of builder-Name---------
Address---------------
C. Particulars of scheme area H.B. No-----Rect. No.------- Khasra No------
D. Index of apartment as shown in plan annexed—Block---------Floor----------Apt.---------No---------Type.
E. Particulars of apartment owner- Name-------Address-----
Percentage of undivided interest in----------Scheme------
Block---------Floor.
F. Registration of apartment deed-Office of Registration------
 ------Day----------Month-------Year--------------
G. Registration of declaration- Office of registration------
Date------------month-----------year---------
Signature of apartment owner          Signature of Promoter/Builder
(For regn. Of apartment deed)   (for registration of declaration)

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NOTIFICATIONS

No. 3/382-IHG.- In exercise of the powers conferred by sub-section (3) of Section 1 of the Haryana Apartment Ownership Act, 1983 (Haryana Act 10 of 1983), the Governor of Haryana appoints that the above Act shall come into force in the State of Haryana from the date of publication of this notification in the official Gazette. (See Haryana Govt. Gazette (Extra) dated 18.9.1986 at page 1079-1080)
No. 17714- In exercise of the powers conferred by sub-section (3) of Section 1 of the Haryana Apartment Ownership Act, 1983 (Haryana Act 10 of 1983), the Governor of Haryana hereby appoints the date of publication of this notification in the Official Gazette, to be  the date on which the said Act shall come into force in the State of Haryana ( See Haryana Govt. Gazette (Extra) dated 10-11-1997).

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