VII. That the Administration of ……..Condominium consisting as aforesaid of the building and parcel of land described in paragraphs first and fifth of this deed shall be in accordance with the provisions of this Deed and with the provisions of the by-laws which are made a part of this Deed and are attached hereto as Exhibit. B;
VIII. That as appears above a plan of apartment ownership is hereby constituted under and subject to the provisions of the Haryana Apartment Ownership Act, 1983, so that the independent units of the ……… upper floor may be conveyed and registered as individuals properties capable of independent use, on account of each having its own exits to a common area and facility of the building, each independent unit owner having an exclusive and particular right, title and interest over his respective independent unit and in addition to the specified undivided interest in the common areas and facilities and / or restricted common areas and facilities.
IX.That for the purpose of stamp duty and registration fees to be imposed on the registration of this deed in the Register of declarations and deeds of Apartment under section 13(5) the value of the ………Condominium is distributed as follows:-
(a)Parcel of land described in paragraph first hereof is valued at Rs…………
(b)The building described in paragraphs second and third thereof is valued at Rs……….(Rupees………..).
X. that so long as the Grantor owns one or more of the independent units the Grantor shall be subject to the provisions of this deed and of the Exhibits A and B attached hereto and the Grantor covenants to take no action which will adversely affect the rights of the Association of Apartment owners with respect to assurances against latent defects in the building or other rights assigned to the association by reason of the establishment of the ………condominium.
XI. that the general and/ or restricted common areas and facilities shall remain undivided and no owner shall bring any action for partition or division thereof.
XII. that the percentage of the undivided interest in the general and/or restricted common areas and facilities established herein shall not be changed except with the unanimous consent of all the apartment owners expressed in amendment to this deed duly registered;
XIII. that the undivided interest in the general and/or restricted common areas and facilities shall not be separated from the independent unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument;
XIV. that each apartment owner shall comply with the provisions of this deed, the bye-laws, decisions and resolutions of the association of apartment owners or its representative, and failure to comply with any such provisions, decision or resolution, shall grounds for an action to recover sums due for damages, or for injunctive relief;
XV. that the dedication of the property to the plan of apartment ownership herein shall not be revoked, or the property removed from plan of apartment ownership, or any of the provisions herein amended unless all the apartment owners and the mortgages of all the mortgages covering the units unanimously agree to such revocation, or amendment or removal of the property from the plan by only registered instruments;
XVI. that no apartment owner of a independent unit may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the general and/or restrict common areas and facilities, or by the abandonment of his independent unit;
XVII. all sums assessed by the association but unpaid for the share of the common expenses chargeable to any independent unit shall constitute a charge on such independent unit prior to all other charges except only (1) charge, if any, on the independent unit for payment of Government or Municipal taxes or both and (2) all sums unpaid on a first mortgage of the apartment;
XVIII. that all present or future owners, tenants, future tenants or any other person that might use the facilities of the building in any manner, are subject to the provisions of this deed and that the mere acquisition or rental of any of the independent units of the building or the mere act of occupancy of any of the said units shall signify that the provisions of this deed are accepted and satisfied. The respective independent units shall not be rented or given on lease and licence or caretaker basis by the apartments owners thereof for transient or hotel purposes, which shall be defined as 9a) rental compensation or compensation for any period less than thirty days or (b) any rental or if the occupants of the independent unit are provided customary hotel or boarding or lodging or paying guest services other than the forgoing obligations, the apartment owners of the respective independent units shall have the absolute right to lease such unit or give it on lease or leave and licence or care taker basis provided that the said lease or leave or licence or care taker basis is made subject to the covenants and restrictions contained in this declaration and further subject to the Bye-laws in Exhibit B attached hereto;