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Know your rights: The Kerala Apartment Ownership Act,1983

If you are looking to purchase an apartment in Cochin, the Kerala Apartment Ownership Act, 1983 lays down the rules and regulations that govern the ownership of that apartment.

Key highlights:

An Act to provide for the ownership of individual apartment in a building and to make such apartment heritable and transferable property.

Preamble– Whereas it is expedient to provide for the ownership of an individual apartment in a building and to make such apartment heritable and transferable property, and to provide for matters connected with the purposes aforesaid;

Application of the Act – This Act applies 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 hereinafter provided:

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.

Definitions – In this Act, unless the context otherwise requires,-

(a)    “apartment” means 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;

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.

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.

Waiver of use of common areas and facilities – No apartment owner shall be entitled to exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities, or by abandonment of his apartment.

Click on the link below to read the entire Act.

http://media.indiaproperty.com/creative/ip_home/internal/Keralaapartmentownersact.pdf

 

Kavitha Ravi is a writer with experience in journalism. Her area of interest is current affairs. She has been in the media and communications industry for over 4 years.

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