3.Definitions.- In this Act, unless the context otherwise requires.---
(a) “Apartment” means a part of a property, intended for any type of independent use, including building having one or more rooms with enclosed spaces located on one or more floors or any part or parts thereof, to be used for residence, office or for practicing any profession or for carrying on any occupation, trade, business or manufacturing or other uses relating to Information Technology or for such other type of independent use, as may be prescribed, 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 building in which such apartment is located) provided by the colonizer/owner of such property for use by the owner of such apartment for parking any vehicle or for the residence of any person employed in such apartment, as the case may be.
Explanation.- For the purpose of this clause as “colonizer” shall have the same meaning assigned under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975);
(b)“apartment owner” means the person or persons owning an apartment and undivided interest in the common areas and facilities in the percentage specified and established in the declaration;
(c)“apartment number” means the number, letter combination thereof designating the apartment in the declaration;
(d)“association of apartment owners” means all the apartment owners acting as a group in accordance with the bye-laws and the declarations;
(e)“building” means a building containing five or more apartments or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such buildings and comprising a part of the property;
(f)“common areas and facilities” unless otherwise provided in the declaration or lawful amendments thereto, means.-
(1) .the land on which the building is located;
(2)the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors lobbies, stairs, stair ways, fire escapes and entrances and exits of the building;
(3)the basements, cellars, yards, gardens, parking area and storage spaces;
(4)The premises for the lodging of janitors or persons employed for management of the property;
(5)installation of central services such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating;
(6)the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use;
(7)such community and commercial facilities as may be provided for in the declaration; and
(8)all other parts of the property necessary or convenient to its existing maintenance and safety or normally in common use;
(g)“Common expenses” means-
(1)all sums lawfully assessed against the apartment owners by the association of apartment owners;
(2)expenses of administration, maintenance, repair or replacement of the common areas and facilities;
(3)expenses agreed upon as common expenses by the association of apartment owners;
(4)expenses declared as common expenses by the provisions of this Act, or by the declaration or the bye-laws;
(h)“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;
(i)“Competent authority” means Chief Administrator, Haryana Urban Development Authority in respect of the Area developed by the said Authority constituted under sub-section (1) of section 3 of the Haryana Urban Development Authority Act, 1977 (13 of 1977) till maintenance of that area remains with the said Authority, Director, Urban Development Department, Haryana, in respect of the other area falling within the municipal limits and Director, Town and Country Planning Department, Haryana in respect of the other area falling outside the municipal limits and includes a person for the time being appointed by State Government, by notification, to exercise and perform all or any of the powers and functions of the competent authority under this Act and the rules made thereunder;}