The PUDUCHERRY APARTMENT OWNERSHIP ACT, 1987
puducherry · 1987
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called the Puducherry Apartment Ownership Act, 1987
- S. 2The act applies only to properties submitted by owners and mainly used for residential purposes.
- S. 3Section 3 defines key terms for the PUDUCHERRY APARTMENT OWNERSHIP ACT, 1987, including "apartment," "apartment owner," and "common areas and facilities."
- S. 4Section 4 defines apartments and their undivided interests in common areas as heritable property, allowing for various modes of transfer.
- S. 5(1) Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment
- S. 6Section 6 outlines the undivided interest of apartment owners in common areas, prohibits partition, and details maintenance responsibilities.
- S. 7Section 7 mandates apartment owners to adhere to bye-laws, rules, regulations, and covenants, with non-compliance grounds for legal action.
- S. 8Section 8 prohibits apartment owners from altering property without unanimous consent, safeguarding structural integrity and value.
- S. 9Section 9 prevents encumbrances against the entire property, allowing only against individual apartments and their undivided interests in common areas.
- S. 10Section 10 details how common property profits and expenses are shared among apartment owners based on their undivided interest percentages.
- S. 11—
- S. 12Section 12 mandates specific details in deeds of apartments and requires filing copies with the competent authority.
- S. 13Section 13 mandates registration of apartment declarations, deeds, and floor plans under the Registration Act, 1908, with verified architect statements.
- S. 14Section 14 allows apartment owners to remove a property from the Act, transferring charges to the owner's undivided interest.
- S. 15Section 15 allows property to be resubmitted to the Act's provisions after removal, while Section 16 mandates bye-laws for property administration.
- S. 16—
- S. 17Section 17 prohibits apartment owners from avoiding common expense contributions by waiving use of common areas or abandoning their apartments.
- S. 18Section 18 deems each apartment and its undivided interest in common areas as separate property for tax purposes.
- S. 19Section 19 establishes a charge on unpaid apartment common expense shares, except for government taxes and first mortgages.
- S. 20Joint and several liability of vendor, etc
- S. 21—
- S. 22Section 22 mandates that if repairs are not initiated within 60 days after damage, the property becomes jointly owned by apartment owners.
- S. 23Section 23 allows the Manager or Board of Managers to sue on behalf of multiple apartment owners for issues related to common areas and facilities.
- S. 24Act to be binding on apartment owners, tenants, etc
- S. 25—
- S. 26Section 26 allows the Transfer of Property Act, 1882 to apply to apartments and their common areas if not inconsistent with this Act.
- S. 27Section 27 ensures that invalidity of any part of the Act does not affect the rest of the Act or its provisions.