beyond the mask VOL 2 | Page 83

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(i)the method of adopting and of amending the regulations governing details of the operation and use of common areas and facilities;

(j)such restrictions on the requirements respecting the use and maintenance of the apartments and the use of the common areas and facilities not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the apartment owners;

(k)the percentage of the votes required to amend the bye-laws and the procedure for such amendments.

(3)The bye-laws may also provide for the following matters namely:-

(a)subject to the provisions of this Act, provisions for regulating transfer or partition of any apartment and percentage of undivided interest in the common areas and facilities appurtenant to such apartment, subject to such terms and conditions as may be specified in the bye-laws;

(b)provisions enabling the Board of Managers to lease out certain areas of the property for the purposes for which the same are meant and for distribution of resulting proceeds to the apartment owners as income or application thereto in reduction of their common charges for maintaining the said property;

(c)any other provisions not inconsistent with the provisions of this Act, relating to the audit and accounts and administration of the property and annual and special general meetings, annual report and the like.

17.Liability towards common expenses.- No apartment owner shall be entitled to exempt himself from the liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common area and facilities or by abandonment of his apartment.

18.Separate assessment.- Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common area and facilities appurtenant to such apartment (being an apartment submitted to the provisions of the Act ) shall be deemed to be separate for the purposes of assessment to tax on lands and buildings liable under such law and shall be assessed and taxed accordingly. The building, the property or any of the common areas and facilities shall not be deemed to be separate property for the purpose of the levy of such tax.

19.Charge on property for common expenses.- All sums assessed by the association of apartment owners towards the share of the common expenses chargeable to any apartment and remaining unpaid, shall constitute a charge on such apartment prior to all other charges, except charge, if any, on the apartment, for payment of the Government and local taxes, and all sums unpaid on a first mortgage of the apartment.

20.Joint and several liability of vendor etc. for unpaid common expenses.—Upon the transfer of an apartment, the transferee of the apartment shall be jointly and severally liable with the transferor for all unpaid assessments for his share of the common expenses up to the time of the transfer without prejudice to the transferee’s right to recover from the transferor or the amount paid by the transferee therefore. Any such transferee shall be entitled to a statement from the Secretary or Board of Managers, setting forth the amount of the unpaid assessment against the transferor and such transferee and such apartment shall not be liable for nor shall be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such transfer in excess of the amount therein set forth.

HARYANA APARTMENT OWNERSHIP ACT