The Real Estate Act (RERA) mandates that every allottee should be responsible for making payments towards maintenance of the property and the premises. Till the association of allottees takes charge, the builder is responsible for maintaining essential services and payment of maintenance charges or encumbrances to the competent authorities. A stipulated fee is collected from all residents and this goes towards operational expenditures undertaken to maintain the common areas. Who is responsible for common area maintenance?Ĭommon areas and its upkeep is the collective responsibility of all occupants. Owners can create encumbrances against the unit owned by them and the percentage of undivided share that is theirs, individually. Such inheritance of immovable property will be determined as per the law of succession.
The common areas and facilities can be inherited or transferred through sale, mortgage, lease, gift, or exchange, along with the undivided interest in the common areas. See also: Everything you need to know about residents’ welfare associations in IndiaĬan common areas be inherited and transferred? Any such work should be in accordance with the provisions of the Apartment Act of the respective state and the bye-laws. The association of apartment owners has the irrevocable right to access the apartment, during reasonable hours, for maintenance, repair and other related works. Moreover, co-owners cannot hinder or encroach the rights of others, in terms of common areas. Any covenant such as this will be invalid. What does the Apartment Act say about common areas?Ĭommon areas and facilities cannot be divided and no owner or resident can ask for a division or partition.
#OTHER WORDS FOR HOUSING REGISTRATION#
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