(j)“Declaration” means the instrument to be executed and got registered in the prescribed form and includes the amended declaration;
(jj)“Flatted factories” means a group of small industrial units located in multi-storeyed buildings sharing common services and facilities and having their undivided share in the land;
(jjj)“Integrated commercial complex” means building (s) containing apartments sharing common services and facilities and having their undivided share in the land and meant to be used for office or for practicing any profession or for carrying on any occupation, trade, business or such other type of independent use as may be prescribed;}
(k)“Joint family” means an undivided Hindu family and in the case of other persons, a group or unit, the members of which are by custom jointly in possession or residence;
(l)“Limited common areas and facilities” means those common areas and facilities designated in the declaration and reserved for use of certain apartment or apartments to the exclusion of other apartments;
(m)“Majority” or” majority of apartment owners” means the apartment owners with 51% or more of the votes in accordance with the percentage assigned in the declaration to the apartments for voting purposes;
(n)“Person” includes a joint family;
(o)“Prescribed” means prescribed by the rules made under this Act;
(p)“Property” means the land, the building, all improvements and structures thereon, owned in free-hold or held on lease or as occupant under any law relating to land revenue and all easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection therewith (XXX).
4.Status of apartments.
Each apartment together with its undivided interest in the common areas and facilities, appurtenant to such apartment, shall for all purposes constitute heritable and transferable immovable property within the meaning of any law for the time being in force in the State of Haryana.
5.Ownership of apartments. –
(1)Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the declaration.
(2)Each apartment owner shall execute a deed of apartment in relation to his apartment in the manner prescribed.
6.Common areas and facilities.-
(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the declaration. Such percentage shall be computed by taking as a basis the value of the apartments in relation to the value of the property; and such percentage shall reflect the limited common areas and facilities.
(2)The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered without the consent of all of the apartment owners and expressed in an amended declaration duly executed and registered as provided in this Act. 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.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division or any part thereof unless the property has been removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the contrary shall be null and void.
(4) Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.