Jammu and Kashmir Apartment Ownership Act, 1989

No: 1 Dated: Mar, 27 1989

THE JAMMU AND KASHMIR APARTMENT OWNERSHIP ACT, 1989

Act No. 1 of 1989

    An Act to provide for the ownership on an individual apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable and for matters connected therewith or incidental thereto.

    Whereas with a view to securing that the ownership and control of the material resources of the community are so distributed as to sub-serve the common good, it is expedient to provide for the ownership on an individual apartment to a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such apartment, and to make such apartment and interest heritable and transferable and to provide for matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Fortieth Year of the Republic of India as follows :––

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.––(1) This Act may be called the Jammu and Kashmir Apartment Ownership Act, 1989.

(2) It extends to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Application.––The provisions of this Act shall apply to every apartment in a multi-storeyed building which was constructed mainly for residential or commercial or such other purposes as may be prescribed, by––

(a) any group housing co-operative society, or

(b) any other person or authority

    before or after the commencement of this Act and on a free hold land, or a lease hold land, if the lease for such land is for a period of thirty years or more :

    Provided that, where a building constructed, whether before or after the commencement of this Act, on any land contains only two or three apartments, the owner of such building may, by a declaration duly executed and registered under the provisions of the Registration Act, Samvat 1977, indicate his intention to make the provisions of this Act applicable to such building, and on such declaration being made, such owner shall execute and register a Deed of Apartment in accordance with the provisions of this Act, as if such owner were the promoter in relation to such building.

3. Definitions.––In this Act, unless the context otherwise requires,—

(a) “allottee”, in relation to an apartment means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter ;

(b) “apartment” means a part of any property, intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multi-storeyed building to be used for residence or office or for the practice of any profession, or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, or to a common area leading to such street, road or highway and includes any garage or room (whether or not adjacent to the multi-storeyed building in which such apartment is located) provided by the promoter for use by the owner of such apartment for parking any vehicle or, as the case may be, for the residence of any domestic aid employed in such apartment ;

(c) “apartment number” means the number, letter or combination thereof, designating an apartment ;

(d) “apartment owner” means the person or persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment ;

(e) “Association of Apartment Owners”,––

(i) in relation to a multi-storeyed building not falling within sub-clause

(ii), means all the owners of the apartments therein ;

(ii) in the case of the multi-storeyed buildings in any area, designated as a block, pocket or otherwise, means all the owners of the apartments in such block, pocket or other designated area ; acting as a group in accordance with the bye-laws ;

(f) “authority” includes any authority constituted or established by or under any law for the time being in force ;

(g) “Board” means the Board or Management of an Association of Apartment Owners elected by its members under the byelaws ;

(h) “Bye-laws” means the bye-laws made under this Act ;

(i) “common areas and facilities”, in relation to a multi-storeyed building, means––

(i) the land on which such building is located and all easements, rights and appurtenances belonging to the land and the building ;

(ii) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, fireescapes and entrances and exits of the building ;

(iii) the basements, cellars, yards, gardens, parking areas, shopping centres, schools and storage spaces ;

(iv) the premises for the lodging of janitors or persons employed for the management of the property ;

(v) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning, incinerating and sewerage ;

(vi) the elevators, tanks, pumps, motors, fans, compressors, ducts, and in general all apparatus and installations existing for common use ;

(vii) such other community and commercial facilities as may be prescribed ; and

(viii) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use ;

(j) “common expenses” means–

(i) all sums lawfully assessed against the apartment owners by the Association of Apartment Owners for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities ;

(ii) expenses declared as common expenses by the provisions of this Act or by the bye-laws, or agreed upon by the Association of Apartment Owners ;

(k) “common profits” means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses ;

(l) “competent authority” means––

(i) Secretary to Government, Housing and Urban Development Department, or

(ii) Vice-Chairman of the Development Authority, or (iii) Managing Director, Jammu and Kashmir Housing Board, who may be authorized by the Government by notification in the Government Gazette, to perform the functions of the competent authority under the Act ;

(m) “Deed of Apartment“ means the Deed of Apartment referred to in section 13 ;

(n) “joint family” means a Hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom joint in possession or residence ;

(o) “limited common areas and facilities” means the common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments ;

(p) “Manager” means the Manager of an Association of Apartment Owners appointed under the bye-laws ;

(q) “multi-storeyed building” means a building constructed on any land, containing four or more apartments, or two or more buildings in any area designated as a block, pocket or otherwise, each containing two or more apartments with a total of four or more apartments in all such buildings, and includes a building containing two or three apartments in respect of which a declaration has been made under the provision to section 2 ;

(r) “owner”, in relation to an apartment includes for the purposes of this Act, a lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more ;

(s) “person” includes a firm and joint family, and also includes a group housing co-operative society ;

(t) “prescribed” means prescribed by rules made under this Act ;

(u) “promoter” means the authority, person or co-operative society, as the case may be by which or by whom any multi-storeyed building has been constructed ;

(v) “property” means the land, the multi-storeyed building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.