Section 4 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

(1) Every person to whom
any apartment is allotted, sold or otherwise transferred by the
promoter, on or after the commencement of this Act, shall, save as
otherwise provided in section 6, and subject to the other provisions
of this Act, be entitled to the exclusive ownership and possession
of the apartment so allotted, sold or otherwise transferred to him.
(2) Every person to whom any apartment was allotted, sold
or otherwise transferred by the promoter before the
commencement of this Act shall, save as otherwise provided under
section 6, and subject to the other provisions of this Act, be
entitled, on and from such commencement, to the exclusive
ownership and possession of the apartment so allotted, sold or
otherwise transferred to him.
(3) Every person who becomes entitled to the exclusive
ownership and possession of an apartment under sub-section (1) or
sub-section (2) 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 computed by
taking, as a basis, the built up area of the apartment in relation to
the built up areas of all the apartments in the building:
Provided that in relation to any common area or facility
limited for use by certain owners to the exclusion of other owners,
the percentage of undivided interest in such common area or
facility shall be computed by taking, as a basis, the built up areas
of all such apartments:
Provided further that in a case where apartments in a
building have been allotted, sold or otherwise transferred for nonresidential use, the percentage of non-residential use in relation to
such building shall be such as may be prescribed.
Explanation.- For the purpose of this sub-section, the
actual built up area shall 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 allottee shall be ignored.
(4) (a) The percentage of the undivided interest of each
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.
(b) The percentage of the 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.
(5) 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.
(6) Each apartment owner may use the common areas and
facilities in accordance with the purposes for which they are
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intended without hindering or encroaching upon the lawful rights
of the other apartment owners.
(7) The necessary work relating to maintenance, repairs and
replacement of the common areas and facilities and the making of
any additions or improvements thereto, shall be carried out only in
accordance with the provisions of this Act and the bye-laws.
(8) The Association shall have the irrevocable right, to be
exercised by its governing body, to have access to each apartment
from time to time during reasonable hours for the maintenance,
repairs or replacement of any of the common areas or facilities
therein, or accessible therefrom, or for making emergency repairs
therein necessary to prevent damage to the common areas and
facilities or to any other apartment or apartments.