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.
21.Insurance.—The Manager or Board of Managers, if required by declaration or the bye-laws or by a majority of the apartment owners at the request of a mortgage having a first mortgage covering an apartment shall have the authority to and shall obtain insurance for the property against loss or damage by fire, and such other hazards over such terms and for such amount as shall be required or requested. Such insurance coverage shall be for the property in the name of such Manager or the Board of Managers or the association of the apartment owners as trustee for each of the apartment owners in the percentage specified in the declaration. Premiums shall be deemed to a part of common expenses, provisions for such insurance shall be without prejudice to the right of each apartment owner to insure his apartment for his benefit.
22.Disposition of property, destruction or damage. –If within sixty days of the date of damage to or destruction of all or part of the property it is not determined by the association of apartment owners to repair, reconstruct or rebuild, in that event:-
(a)the property shall be deemed to be owned in common by apartment owner;
(b)the undivided interests in the property, owned in common which shall appertain to each apartment owner shall be the percentage of the undivided intrest previously owned by such owners in the common areas and facilities;
(c)any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property as provided herein; and
(d)the property shall be subject to an action for partition at the suit of any apartment owner in which event the net proceeds of the sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in percentage equal to the percentage of undivided interest owned by each owner in the property after first paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.
23.Action.—Without limiting the rights of any apartment owner, actions may be brought by the manager or Board of Managers, in either case in the discretion of the Board of Managers, on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities of more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities of more than one apartments may be made on the person designated in the declaration to receive service of process.
24.Act to be binding on apartment owners, tenants etc. –(1) All apartment owners, tenants of such owners, employees of owners and tenants or any other person who may in any manner use property or any part thereof, shall be subject to the provisions of this Act and to the declaration and the bye-laws of the association of apartment owners adopted pursuant to the provisions of this Act.
(2)all agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established under this Act, declaration or bye-laws shall be deemed to be binding on all apartment owners.
24-A. Penalties.- Any owner of property/building, who does not file declaration within the period specified under section 2, shall be punishable with imprisonment of either description for a term which may extend to three years and shall also be liable to a fine of not less that Rs. 50,000 and Rs. 10,000 for each day of continuing offence.
24-B. Sanction of prosecution.- No prosecution of any offence punishable under this Act, shall be instituted except with the previous sanction of the competent authority or any officer authorized in writing by him in this behalf.
24-C.Composition of Offence.- (1) The Competent Authority or any person authorized by him by general or special order made in this behalf, may either before or after the institution of the prosecution compound any offence made punishable by or under this Act.
(2)Where an offence has been compounded the offender, if in custody, shall be released and no further proceedings shall betaken against him in respect of the offence compounded.