March 25, 2024

Protection of action taken in good faith No suit,  prosecution or other legal proceeding shall lie against theAppellate Authority or the Competent Authority or any otherperson authorized by the Appellate Authority or CompetentAuthority for anything which is done or intended to be done ingood faith in pursuance of this Act or any rule, bye-laws or […]

Penalty for breach of the provisions of this Act (1) If a promoter or an Association or an apartment ownercontravenes any provision of this Act or the rules made thereunder,or commits the breach of any provision of bye-law of theAssociation or of the terms and conditions of the Deed ofApartment, or does anything detrimental to

Act to be binding on promoters, apartment owners, tenants, etc (1) The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in anyother law for the time being in force or in any contract,undertaking or other instrument and all promoters, apartmentowners, tenants of owners, employees of owners and tenants, orany other person who

Appellate Authority and Appeals (1) The StateGovernment may, by notification in the Official Gazette, appointan officer or an authority as Appellate Authority, with the power todecide appeals against the orders of the Competent Authorityunder this Act:71Provided that the State Government may appoint more thanone officer or authority under this sub-section and distribute thework among them

Powers of the Competent Authority The CompetentAuthority shall, for the purposes of discharging its functions underthis Act, have the same powers as are vested in a civil court underthe Code of Civil Procedure, 1908 (Central Act No. 5 of 1908)while trying a suit, in respect of the following matters, namely:-(a) summoning and enforcing the attendance

Competent Authority and its functions (1) The StateGovernment shall, by notification in the Official Gazette, authorizeany officer or authority to perform all or any of the functions of theCompetent Authority under this Act and different officers orauthorities may be authorized for different areas.(2) The Competent Authority may, on an application madeto it,-(i) approve the percentage

Joint and several liability of vendor etc. for unpaid common expenses – (1) Upon the sale, bequest or other transfer ofan apartment, the purchaser of the apartment or the grantee orlegatee or the transferee, as the case may be, shall be jointly andseverally liable with the vendor or the transferor for all unpaidassessments against the

Association to cut off, withhold, curtail or reduce essential supply or service (1) If an apartment owner,-(a) either wilfully violates or evidently threatens toviolate the provision of sub-section (6) of section4, or(b) fails to pay the common expenses, which arepayable by him under this Act for a period of morethan six months,the general body of

Separate assessments Notwithstanding anything to the contrary contained in any law relating to local authorities, eachapartment and its percentage of undivided interest in the commonareas and facilities appurtenant to such apartment shall be deemedto be separate property for the purpose of assessment of tax onlands and buildings leviable under such law and shall be assessedand

Common expenses to be a charge on the apartment All sums assessed by the Association, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only-(a) the charge, if any, on the apartment for payment ofGovernment and municipal taxes;(b)