March 24, 2024 | CA B K Goyal & Co LLP

Association of Apartment Owners and bye-laws relating thereto (1) There shall be an Association of apartmentowners for the administration of the affairs in relation to theapartments and the property appertaining thereto and for themanagement of common areas and facilities:Provided that where any area has been demarcated for theconstruction of several buildings, whether such area is called ablock or pocket or by any other name, there shall be a singleAssociation in such demarcated area.(2) Every promoter shall,-(a) in case where ten or more than two-third,whichever is higher, of apartments in a buildinghad been allotted, sold or otherwise transferredbefore the commencement of this Act, within sixmonths of such commencement; and(b) in any other case, within six months from the dateon which ten or more than two-third, whichever ishigher, of the apartments in the building areallotted, sold or otherwise transferred,make an application in the prescribed form and manner to theRegistrar for registration of the Association with the persons, whohave been allotted, sold or otherwise transferred apartments, asmembers.62In case, the promoter fails to make an application to theRegistrar for registration of Association, the persons who havebeen allotted, sold or otherwise transferred apartments shall applyfor registration of the Association:Provided that an Association of apartment ownersregistered under the provisions of the Rajasthan SocietiesRegistration Act, 1958 (Act No. 28 of 1958) before thecommencement of this Act shall be deemed to be the Associationfor the purposes of this Act, if its bye-laws are in consonance withthe provisions of the model bye-laws prescribed under this Act orthey are amended to bring them in consonance with the provisionsof the model bye-laws prescribed under this Act within six monthsfrom the commencement of this Act.(3) The promoter shall continue to be the member inrelation to an apartment not allotted or transferred till suchapartment is allotted or transferred to a person who shall become amember of the Association on such allotment or transfer withoutany further action on his part and be responsible for paying theannual maintenance charge or any other charge decided by theAssociation:Provided that the registration of any Association shall bewithout prejudice to any action that may be taken against thepromoter for violation of any provision of law in relation toerection of buildings.(4) On receipt of an application under sub-section (2), theRegistrar, after satisfying himself that the proposed Associationmeets the requirements of the provisions of this Act, shall,notwithstanding anything to the contrary contained in theRajasthan Societies Registration Act, 1958 (Act No. 28 of 1958),register the Association as a society under the Rajasthan SocietiesRegistration Act, 1958 (Act No. 28 of 1958) and the provisions ofthe said Act shall apply to such Association mutatis mutandis, asfar as they are not inconsistent with the provisions of this Act.(5) The Association shall, at its first meeting, make its byelaws in accordance with the provisions of the model bye-lawsprescribed under this Act and no departure from, variation of,addition to, or omission from, the model bye-laws shall be madeexcept with the prior approval of the Competent Authority and nosuch approval shall be given if, in the opinion of the CompetentAuthority, such departure, variation, addition or omission will havethe effect of altering the basic structure of the model bye-laws.63(6) The bye-laws framed under sub-section (5) may providefor the following, among other matters, namely:-(a) composition of the governing body;(b) election, from among apartment owners, of themembers of the governing body by the members ofthe Association, with provision that one-third ofthe members of the governing body shall retireannually;(c) powers and duties of the governing body;(d) honorarium, if any, of the members of thegoverning body;(e) method of removal from office of the members ofthe governing body;(f) method of calling meetings of the Association andof the governing body and the number of membersof the Association or the governing body who shallconstitute a quorum for such meetings;(g) election of a President of the Association fromamong the members of the Association, who shallpreside over the meetings of the Association andof the governing body;(h) election of a Secretary of the Association fromamong members of Association, who shall keeptwo separate minutes books, one for theAssociation and the other for the governing body,pages of each of which shall be consecutivelynumbered and authenticated by the President ofthe Association, and shall record in the respectiveminutes books the resolutions adopted by theAssociation or the governing body, as the casemay be;(i) election of a treasurer from among the members ofthe Association, who shall keep the financialrecords and account books of the Association;(j) maintenance, repair and replacement of thecommon areas and facilities and payment therefor;(k) manner of collecting from the apartment owners orany other occupants of apartments, their share ofcommon expenses;(l) engagement and removal of persons employed foradministration, management, maintenance, repair64and replacement of the property and the commonareas and facilities;(m) restrictions with regard to the use and maintenanceof the apartments and the use of the common areasand facilities, as may be necessary to preventunreasonable interference in the use of eachapartment and of the common areas and facilitiesby the several apartment owners;(n) any matter which may be required by the StateGovernment to be provided for in the model byelaws for the proper or better administration of theproperty; and(o) any other matter as may be required to be, or maybe provided for in the model bye-laws.(7) The bye-laws framed under sub-section (5) may alsocontain provisions, not inconsistent with the provisions of thisAct,-(a) enabling the governing body subject to thebuilding regulations to retain certain areas of thebuilding for commercial purposes and to grantlease of the areas so retained, and to applyproceeds of such lease for reduction of thecommon expenses for maintaining the buildingand the common areas and facilities, and if anysurplus is left after meeting such expenses todistribute such surplus among the apartmentowners as income;(b) relating to the audit of the accounts of theAssociation and the administration of theproperty;(c) specifying the time at which and the manner inwhich annual general meetings and specialmeetings of the Association shall be held andconducted;(d) specifying the time at which and the manner inwhich the annual report relating to the activitiesof the Association shall be submitted;(e) specifying the manner in

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Section 13 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 / CA Bhuvnesh Goyal / March 24, 2024

Section 13 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »

Section 12 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 / CA Bhuvnesh Goyal / March 24, 2024

Contents of Deed of Apartment (1) Whenever anyallotment, sale or other transfer of any apartment is made by thepromoter to the allottee or transferee, the promoter shall,-(a) in the case of an allotment, sale or other transfermade after the commencement of this Act, withinsix months from the date of such allotment, sale orother transfer; or(b) in the case of any allotment, sale or other transfermade before the commencement of this Act,wherein conveyance deed of apartment has notbeen executed or if executed, is not in consonancewith the provisions of this Act, within one yearfrom the date of such commencement,execute a Deed of Apartment containing the following particulars,namely:-(i) the name of the allottee or transferee;(ii) description of the land on which the buildingand other common areas and facilities are58located and whether the land is free-hold orlease-hold, and if lease-hold, the period ofsuch lease;(iii) a copy of the floor plans of the building,showing the layout, location and number ofapartments, as approved by the local authoritywithin the jurisdiction of which the building islocated;(iv) description of the building, stating the numberof stories and basements, the number ofapartments in that building and the principalmaterials of which it is constructed;(v) the apartment number, or statement of thelocation of the apartment, its area, number anddimension of rooms, and immediate commonarea to which it has access, and any other datanecessary for its proper identification;(vi) description of the common areas and facilitiesand the percentage of undivided interestappertaining to the apartment in the commonareas and facilities;(vii) description of the limited common areas andfacilities, if any, stating to which apartmentstheir use is reserved;(viii) value of the property and of each apartment,and a statement of encumbrances, if any, onthe apartment and the undivided interest onthe date of execution of the Deed ofApartment;(ix) statement of the purposes for which thebuilding and each of the apartments areintended and restricted as to use;(x) the name of the person to receive service ofprocess, together with the particulars of theresidence or place of business of such person:Provided that the Competent Authority may, if it is satisfiedthat the promoter was prevented by sufficient cause from executingthe Deed of Apartment in relation to any apartment within theperiod of six months, or one year, as the case may be, permit thepromoter to execute such Deed of Apartment within such furtherperiod, not exceeding six months, as it may specify:59Provided further that on removal of the encumbrancesreferred to in clause (viii) on payment of amount therefore anendorsement to that effect shall be made on the Deed of Apartmentby the person in whose favour encumbrances were created and theapartment owner shall get the endorsement registered inaccordance with the provisions of section 13.(2) The promoter shall-(a) file in the office of the Competent Authority; and(b) deliver to the concerned allottee or transferee, asthe case may be, a certified copy of each Deed ofApartment as registered under section 13.(3) Whenever any transfer of any apartment is made by theowner thereof, whether by sale, lease, mortgage, exchange, gift orotherwise, the transferor shall deliver to the transferee the certifiedcopy of the Deed of Apartment delivered to him under sub-section(2) after making an endorsement thereon as to the name, addressand other particulars of the transferee, to enable the transferee toget the endorsement on the certified copy of the Deed ofApartment registered in accordance with the provisions ofsection 13.(4) If-(a) the promoter fails to execute a Deed of Apartmentunder sub-section (1) within the period provided inthat sub-section or does not comply with theprovisions of sub-section (2) within a period ofthree months of registration of the Deed ofApartment under section 13,(b) the apartment owner does not comply with theprovisions of sub-section (3) within a period ofthree months of transfer of an apartment by suchowner,the Competent Authority may impose a penalty to the extent ofrupees five thousand or one per cent of the price of apartment,whichever is higher, and shall impose an additional penalty ofrupees one hundred for each day commencing with the first day ofdefault and the penalties so imposed shall be recoverable as arrearsof land revenue.(5) Notwithstanding imposition of any penalty under subsection (4), an apartment owner, allottee or transferee, as the casemay be, may make an application to the Competent Authority inthe prescribed form and manner giving the details of the apartment60in relation to which execution of Deed of Apartment under subsection (1) or delivery of Deed of Apartment after endorsementunder sub-section (3) has not been done and the CompetentAuthority shall, after giving a reasonable opportunity of beingheard to the lessee, promoter or the transferor, as the case may be,pass such orders as he deems proper including an order forregistration and delivery of document evidencing the execution ofDeed or after endorsement in the prescribed form and manner shallsend a true copy of the Deed of Apartment after endorsement to theconcerned Registering Officer for registration thereof inaccordance with the provisions of section 13.(6) Whenever any succession takes place to any apartmentor part thereof, the successor shall, within a period of six monthsfrom the date of such succession, make an application to theCompetent Authority for recording such succession on the certifiedcopy of the Deed of Apartment in relation to the concernedapartment, and, if there is any dispute as to the succession to theapartment, the Competent Authority shall decide the same, and forthis purpose, such authority shall have the power of a civil court,while trying a suit, and its decisions shall have effect of a decreeand shall, notwithstanding anything contained in section 27 orelsewhere in this Act, be appealable as if it were a decree passedby the principal civil court of original jurisdiction.(7) Whenever any succession to an apartment has beenrecorded by the Competent Authority under sub-section (6), suchauthority shall send a true copy of such record, to the concernedRegistering Officer for registration thereof in accordance with theprovision of section 13.(8) For the removal of doubts, it is hereby declared that theprovisions of this section shall be in addition to, and not inderogation of, the provisions of any other law, for the time being inforce, relating to the transfer of immovable

Section 12 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »

Section 11 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 / CA Bhuvnesh Goyal / March 24, 2024

Obligation of promoters (1) Every promoter shallsubmit a declaration to the Competent Authority in respect ofevery building constructed after the commencement of this Act insuch form, within such period and in such manner as may beprescribed specifying the following particulars, namely:-(a) description of the land on which the building andimprovements are, or are to be located, andwhether the land is free hold or lease hold;(b) description of building stating the number of storiesand basements, the number of apartments andprincipal materials of which it is or is to beconstructed;(c) the number of each apartment and a statement of itslocation, approximate area, number of rooms andthe immediate common area to which it has access56and any other data necessary for its properidentification;(d) description of the common areas and facilities;(e) description of the common areas and facilities, ifany, stating to which apartments, their use isreserved;(f) value of the property and of each apartment, and thepercentage of undivided interest in the common areasand the facilities appertaining to each apartment andits owner for all purposes, including voting;(g) particulars of encumbrances, if any, on the propertyof apartment and its undivided interest at the dateof the declaration;(h) such other particulars as may be prescribed:Provided that the promoter may, at any time, before thebooking of apartments in the building submit an amendeddeclaration to the Competent Authority.(2) At the time of booking every promoter shall-(i) attach with the agreement a self certified photocopyof the title deed of the land on which apartment isproposed to be constructed, approved buildingplans, details of common areas and limitedcommon areas ;(ii) specify in the agreement details of built up area ofthe apartment on the basis of which price of theapartment shall be calculated and shall alsoenclose the floor plan of the concerned apartment;(iii) specify in the agreement the date by whichconstruction of the apartment is to be completedand the date by which possession will be handedover to the purchaser subject to force majeureclause and intimation sent to such purchaser;(iv) specify in the agreement the penalty for delay incompletion or handing over the possession of theapartment;(v) specify in the agreement the payment schedule andpenalty in the event of non-payment or latepayment of instalment by the purchaser;(vi) specify in the agreement the condition ofcancellation or withdrawal of allotment and theextent of refund;57(vii) specify in the agreement the compensation eitherway in the event of violation of any of theconditions of allotment.(3) Where the building is constructed on the lease holdland, the promoter shall, before executing a Deed of Apartmentunder section 12, get the land converted from lease hold basis tofree hold basis, if the laws applicable to such land permits so.(4) The promoter shall on formation of the Associationunder section 14 hand over the following documents to theAssociation, namely:-(a) a certified copy of the approved plan of the building ;(b) details of the construction;(c) complete diagram of wiring;(d) complete plumbing layout;(e) details of common areas and facilities includingcopies of warranties, maintenance agreements, etc. inrespect thereof;(f) such other information relating to building availablewith the promoter as may be required by theAssociation in the interest of the apartment owners. 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Section 11 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »