The KERALA APARTMENT OWNERSHIP ACT, 1983 (ACT 5 OF 1984)
This Act applies in all over Kerala only to
property, the sole owner or all of the owners of which submit the same to the
provisions of this Act by duly executing and registering a declaration as Provided
that no property shall be submitted to the provisions of this Act, unless it is
mainly used, or proposed to be used, for residential purposes.
The definition of "Apartment" is a part
of the property intended for any type of independent use, including one or more
rooms or enclosed spaces located on one or more floors (or part or parts
thereof) in a building, intended to be used for residential purposes and with a
direct exit to a public street, road or highway or to a common area leading to
such street, road or highway.
A deed of apartment executed by an apartment owner
in pursuance of sub-section (2) of section 5 is called as “Deed of apartment”
The person or persons owning an apartment and an
undivided interest in the common areas and facilities in the percentage
specified and established in the declaration is called as "Apartment Owner”. Each
apartment owner shall be entitled to the exclusive ownership and possession of
his apartment. He shall execute a declaration that he submits his apartment to
the provisions of this Act and a deed of apartment relation to his apartment in
the manner prescribed for the purpose. Each apartment owner shall be entitled
to an undivided interest in the common areas and facilities in the percentage
expressed in the declaration.
The number, letter or combination thereof
designating the apartment in the declaration is called as "Apartment Number”
"Association of Apartment Owners" means all of the
apartment owners acting as a group in accordance with the bye-laws and the
declaration.And “bye-laws"
means the bye-laws of the Association of Apartment Owners.
“Building" means a building
containing two or more apartments and comprising a part of the property. The
apartment owners with fifty-one per cent or more of the votes in accordance
with the percentages, assigned in the declaration to the apartments for voting
purposes is called as "majority" or
"Majority of apartment owners"
“Common areas and facilities" unless otherwise
provided in the declaration or lawful amendments thereto, mean-
(i) The land on
which the building is located;
(ii) the
foundations, columns, girders, beams, supports main walls, roofs, halls,
corridors, lobbies, stairs, stairways, fire-escapes and entrances and exits of
the building;
(iii) The
basements, cellars, yards, gardens, parking areas and storage spaces;
(iv) The premises
for the lodging of persons employed for the management of the property;
(v) installations
of central services, such as power, light, gas, hot and cold water, heating,
refrigeration, air conditioning and incinerating;
(vi) Elevators,
tanks pumps, motors, fans, compressors, ducts and in general all apparatus and
installations existing for common use;
(vii) Such
community and commercial facilities as may be provided or in the declaration;
and
(viii) All other
parts of the property necessary or convenient to its existence, maintenance and
safety, or normally in common use.
"Limited common areas and facilities" means those
common areas and facilities designated in the declaration as reserved for use
of certain apartment or apartments to the exclusion of the other apartments. 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. The common areas
and facilities shall remain undivided, and no apartment owner or any other
person shall bring any action for partition or division of any part thereof,
unless the property has been excluded from the provisions of this Act as
provided in section 14 or unless the property is subject to an action for
partition under section 22, and any covenant to the contrary shall be null and
void. 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. The necessary
work of maintenance, repair and replacement of the common areas and facilities
and the making of any additions or improvements thereto shall be carried out
only as provided in this Act and in the bye-laws.
Certain works prohibited
No apartment owner shall, without the previous
unanimous consent of all the other apartment owners,-
(a) do any works
which would-
(i) jeopardise
the soundness or safety of the property; or
(ii) reduce the
value of the property; or
(iii) impair any
easement or hereditament; or
(b) add any
material structure to his apartment or excavate any additional basement or
caller in the property.
The law defines "competent
authority" is in relation to buildings constructed or to be
constructed by the Kerala State Housing Board, the Housing Commissioner, and,
in any other case, the person authorized by the Government, by notification in
the Gazette, to perform the functions of the competent authority for such area
as may be specified in the notification.
All sums lawfully assessed against the apartment
owners by the Association of apartment Owners, expenses of administration,
maintenance, repair or replacement of the common areas and facilities, expenses
agreed upon as common expenses by the Association of apartment Owners, expenses
declared as common expenses by the provisions of this Act, or by the
declaration or the bye-laws is called as “common expenses”
