beyond the mask VOL 2 | Page 79

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(5)The necessary work of maintenance, repair and replacement of the common areas and facilities and the making of any addition of improvements thereto shall be carried out as provided herein and in the bye-laws.

(6)The association of apartment owners shall have the irrevocable right, to be exercised by the Manager or Board of Managers thereof, to have access to each apartment from time to time during reasonable hours as may be necessary for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another apartment or apartments.

7.Compliance with covenants, by-laws.-

Each apartment owner shall comply strictly with the bye-laws, regulations, covenants, conditions and restrictions, set forth in the declaration or in the deed of apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due, for damages or injunctive relief or both, maintainable by the Manager or Board or Managers on behalf of the association of apartment owners, or in a proper case by an aggrieved apartment owner.

8.Prohibition of certain works.-

No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament or add any material structure or excavate any additional basement or celler without the prior consent of other apartment owners.

9.Encumbrances against apartments. –

(1) Subsequent to the recording of the declaration as provided in this Act and while the property remains subject to this Act, no encumbrance of any nature shall thereafter arise or be effective against the property. During such period, encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner and under the same conditions in every respect as encumbrances may arise or be created upon or against any other separate parcel of property subject to individual ownership:

Provided that, if during the period any encumbrance has arisen or been created against such apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, no apartment and such percentage of undivided interest shall be partitioned or sub-divided in interest:

Provided further that no labour performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or sub-contractor shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882 against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto, labour performed and material furnished for the common areas and facilities, if duly authorized by the association of apartment owners, the Manager or Board of Managing in accordance with the Act, the declaration or bye-laws, shall be deemed to be performed or furnished with the consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartment and shall be subject to the provisions of sub-section (2).

(2) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentage appearing in the declaration. Subsequent to any such payment discharge or other satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.

HARYANA APARTMENT OWNERSHIP ACT