THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

Competent Authority and its functions (1) The StateGovernment shall, by notification in the Official Gazette, authorizeany officer or authority to perform all or any of the functions of theCompetent Authority under this Act and different officers orauthorities may be authorized for different areas.(2) The Competent Authority may, on an application madeto it,-(i) approve the percentage […]

Joint and several liability of vendor etc. for unpaid common expenses – (1) Upon the sale, bequest or other transfer ofan apartment, the purchaser of the apartment or the grantee orlegatee or the transferee, as the case may be, shall be jointly andseverally liable with the vendor or the transferor for all unpaidassessments against the

Association to cut off, withhold, curtail or reduce essential supply or service (1) If an apartment owner,-(a) either wilfully violates or evidently threatens toviolate the provision of sub-section (6) of section4, or(b) fails to pay the common expenses, which arepayable by him under this Act for a period of morethan six months,the general body of

Separate assessments Notwithstanding anything to the contrary contained in any law relating to local authorities, eachapartment and its percentage of undivided interest in the commonareas and facilities appurtenant to such apartment shall be deemedto be separate property for the purpose of assessment of tax onlands and buildings leviable under such law and shall be assessedand

Common expenses to be a charge on the apartment All sums assessed by the Association, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only-(a) the charge, if any, on the apartment for payment ofGovernment and municipal taxes;(b)

Promoter to render account to the Association Every promoter shall render an account to the Association for the amount collected by him, from the apartment owners before the formation of the Association, towards common expenses, sinking fund for replacement of fixed assets and payment of State Government and municipal taxes and shall transfer the balance,

Common profits, common expenses and other matters (1) The common profits of the property shall bedistributed among, and the common expenses shall be charged to,the apartment owners according to the percentage of the undividedinterest of the apartment owners in the common areas andfacilities.(2) Where the apartment owner is not himself in theoccupation of the apartment

Apartment owner not to be exempted from liability for contribution by waiver of the use of the common areas and facilities No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of theuse of enjoyment of any of the common areas and facilities, or by the abandonment of

Action – (1) Without prejudice to the rights of anyapartment owner, action may be brought by the Association, ineither case in the discretion of the Association, on behalf of two ormore of the apartment owners as their respective interest mayappear, with respect to any cause of action relating to the commonareas and facilities or more

Disposition of property, destruction or damage If, within sixty days of the date of damage to or destruction of all, orpart of any property, or within such further time as the CompetentAuthority may, having regard to the circumstances of the case,allow, the Association does not proceed to repair, reconstruct or rebuild such property, then, and