An article about " Rights, Duties of Apartment Owners "

Rights, Duties of Apartment Owners

Unlike independent houses, the residents of apartments have some unique rights and duties, and it is vital to have a clear understanding of them if you happen to live in an apartment.

First of all let us consider the word 'Flat'. The word 'Flat' is not a legal term, and has its roots in Scottish and Old English. 'Flat' meant a floor in Old English and obviously it meant living on a floor of the building instead of occupying the entire structure.

The Apart­ment Ownership Act, defines an apartment as a property intended for independent use including one or more floors or enclosed spaces located in one or more floors (or parts there­of) in a building, intended to be used for residence, office, practice of any profession or for carrying on any occupa­tion, trade or business or for other types of independent use, and with a direct exit to a road, or highway or to a common area leading to such street, road or highway.

In the common man's language, the word 'Flat' means a residential, semi-residential or non-residential unit. The word 'Apartment' is nor­mally used to indicate a residential unit. Going by the above definition, the words 'Apart­ment' and 'Flat' mean the same thing.

An apartment shall be deemed fit for dwelling for independent use even if sanitary, washing, bathing and facilities are common.

An apartment owner is the person or persons owning an apartment and an undivided interest in the common areas. It also includes owners who have purchased apartments usingloans.

Common areas

There is a lot of confusion regarding 'Common Areas and Facilities'. As ownership of an apart­ment is connected to an undivid­ed interest in the common areas and facilities, it is important to know as to how the term has to be under­stood legally.

The term includes the land on which the building is located. The foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairways, terrace, compound walls and fire es­capes come under com­mon areas.

Water sources are also common. The term also includes wells and sumps and water supply will fall within the definition of the term. Sewerage and drainage connections al­so come under common facilities.

The entrances and exits of the building also come under common areas and facilities. The basements, cellars, yards, gardens, parking ar­eas and storage spaces are also common.

The premises inside the building meant for the lodging of caretakers or persons em­ployed for the maintenance of the property also come under common areas.

Installations connected with power, light, gas, hot and cold water, heater, refriger­ation, air-conditioning and incinerating equipments are also part of common areas. The elevators, tanks, pumps, motors, fans, compressors, ducts and in general, all ap­paratus ex­isting for common use is covered by the term.

Limited common area

Apart from absolutely common areas there are also limited common areas and facilities. They can be limited to a certain apartment or apart­ments and will not be accessible to other apartments. They are allotted as per the agreement with the builder.

Normally, when two or more persons own a proper­ty, they will have an undivid­ed interest in the property. One or more persons having co-ownership of a property can claim partition.

The term 'Partition' means division of an identified share of a person. In the case of apartments nobody can claim a partition.

The apartment and the undivided interest in the common areas and facilities, is inheritable and transferable. You can, therefore, inherit, sell, mort­gage, lease, gift,settle, ex­change or deal with the property in any manner.

You will have the same rights, privileges, obliga­tions, liabilities and remedies, as anyother immovable property owner. You can also bequeath or will the apartment and the undivid­ed interest in the common areas.

The undivided interest in common areas and facilities is computed on the basis of the flat's plinth area.

Owners' Association

If the building has five or more apartments or three or more floors, an Association or Society of Apartment Owners has to be registered under the Co-operative Societies Actor the Societies Registrations Act, 1975.

The objects of the Associ­ation have to include main­tenance of all common areas and facilities, limited common areas and facilities and provide the amenities needed by the apartment owners.

If there areprof­its, it should be distrib­uted to all the apartment owners.

The common expenses have to be shared by the owners as per the percentage of their undivided in­terest in the common areas and facilities.

Maintenance charges

Maintenance charges are also collected on the basis of the ownership of the number of apart­ments regardless of the undivided interest of the owners.

The common expenses will include amounts de­termined payable by the Asso­ciation, expenses of adminis­tration, maintenance and repair of common areas.

As an apartment owner you cannot do anything which will endanger the structural safety of the property or re­duce its value.

You will also require the permission of other owners to add any structure or undertakeexcavation or construct additional units or do anything which will affect theothers.