XIX. that if the property, subject to the plant of Apartment ownership is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the property shall be as provided by the Haryana Apartment Ownership Act, 1983.
XX. that where a independent unit is sold by a mortgage in exercise of his powers of sale under an English mortgage or by a court in execution of a decree in a suit brought by a mortgagee against the owner of such independent unit, then neither the mortgagee nor the purchaser who derives title to be independent unit at such sale or his successors or assigns shall be liable for assessments by the association which became due prior to the acquisition of title by such acquirer, it being understood, however, that the above shall not be construed to prevent the association of apartment owners from filing and claiming charge for such assessments and enforcing same as provided by law and that such charge shall be subordinate to such mortgage;
XXI. that in a voluntary conveyance of a independent unit the grantee of the unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the association of apartment owners against the letter conveyance without prejudice to the grantee’s right to recover from the Grantor the amount paid by the grantee therefore. However , any such grantee shall be entitled to a statement from the manager or Board of Managers of the association as the case may be, setting forth the amount of the unpaid assessments against the Grantor due to the association and such grantee shall not be liable for, nor shall the independent unit conveyed be subject to a charge for, any unpaid assessments made by the association of apartment owners against the Grantor in excess of the amount therein, set forth;
XXII. that the Manager or board of Managers of the association shall obtain and continue in effect blanket property insurance in form and amount satisfactory to mortgages holding first mortgages covering independent units but without prejudice to the right of the owner of a independent unit to obtain individual independent unit insurance;
XXIII. that insurance premium for any blanket insurance coverage shall be a common expense to be paid by monthly assessments levied by the association of apartment owners; and that such payment shall be held in a separate account of the association and used solely for the payment of the blanket property insurance premium as such premiums become due.
In witness where of Shri…….set his hand this…. Day of………20
Signed and delivered by
1.Presence of----
2.Signatures……….Full name………and address
2.Signatures…….Full name……… and address
1.Exhibit A- as referred to in clause II
2.Exhibit B- as referred to in clause XVIII
EXHIBIT A
(See Clause II Form A)
Here annexe attested copies of plans of the scheme as sanctioned by competent authority, and showing at least the following details:-
1.Site/Survey plan of the scheme area showing its location and surroundings, with certificate of ownership of land issued by appropriate authority.
2.Layout plan of the scheme showing various apartments blocks and common buildings and services of roads, parking, public health and electrification installations, landscaping and recreation facilities as also the schedule of areas under various apartments, apartments blocks and different common facilities.
3.all floor plans, elevations and sufficient sections of each block of building with (a) schedules indicating the areas under various apartments and areas under common facilities of lounge, stairs lifts for that block and (b) schedule indicating the various apartments on each floor and details or common floor facilities for exclusive use of apartments on that floor.
4. Apartment wise schedule of percentage of interest (a) in common facilities of the total scheme, (b) of the block in which that apartment is located and (c) of the floor of that apartment.
EXHIBIT B
Bye-laws of ………condominium
1.Short title and application:– (1)These by-laws may be called the Bye-laws of the …….(here insert the name of condominium), condominium.
(2)The provisions of these by-laws apply to the ……condominium.
All present or future owners, tenants, future tenants or their employees or any other person that might use the facilities of the building in any manner are subject to the regulations set forth in these by laws.
The mere acquisition or rental or taking licence of any of the independent units (hereinafter referred to as “units) of the building or occupancy of any of the said units will signify that these bye-laws are accepted, ratified and will be complied with.