Amendment status not verified — confirm the current text below against the official source.
(1) Every person, to whom an apartment is allotted, sold or otherwise transferred by the promoter in accordance to the provisions of the Land Transfer Act, either before or after the commencement of this Act, shall be entitled, save as otherwise provided in section 7 and subject to the other provisions of this Act, on and from such commencement, or on such allotment, sale or transfer, as the case may be, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him or her. (2) The ownership of land on which the apartments are constructed will remain vested with the landowner or promoter as the case may be till the registration of the association. However the landowner or promoter is not allowed to add addition", I structure or undertake any development or alienate, transfer or sale the land without the consent of all the apartment owners. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under subsection (1) will be entitled to the notional value of land which is proportionate to the super-built up area of his or her apartment or apartments. (4) Every person who becomes entitled to the exclusive ownership and possession of an apartment under subsection (1) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the deed of apartment and such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of all the apartments of the building. In respect of limited common areas and facilities reserved for the use of certain apartments to the exclusion of other apartments, such percentage shall be the ratio of the built up area of the apartment to the total built-up area of those apartment for which the use is reserved. The actual built-up area should be taken into account for the calculation of the percentage and any different area which may be stated in the agreement between the promoter and the person taking the apartment, shall be ignored. (5) The apartment owners shall own in common the common areas and facilities, neither the promoter nor the association shall have any ownership right in the common areas and facilities. The association shall be vested with the management and maintenance of the common areas and facilities. (6) The percentage of the undivided interest of an apartment owner in the common areas and facilities shall have a permanent character and shall not be altered without the written consent of all the apartment owners. (7) The percentage of 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 creating the encumbrance. (8) 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, and any covenant to the contrary shall be void.