Rajasthan Apartment Ownership Act, 2015: Details You Need to Know
The Rajasthan Apartment Ownership Act, was passed in 2015 and came into force in 2019, is a guide that discusses fine points regarding apartment ownership in Rajasthan. These rules apply to apartments and not independent houses. Anyone to whom an apartment is allotted, either sold or transferred is subject to this law.
Key Features of the Rajasthan Apartment Ownership Act
- The Rajasthan Apartment Ownership Act, 2015 defines terms like apartment and association.
- This act provides details on the formation of associations. These associations ensure maintenance of common areas and work for owners’ interests and it is mandatory to form an apartment owners association as per the Rajasthan Apartment Ownership Act.
- These sets of rules talk about common areas and facilities that owners jointly own. These zones include hallways, gardens, etc.
- The association is authorised to come up with bye laws. It makes rules on property management and common area utilisation.
Benefits of the Rajasthan Apartment Ownership Act
- The Rajasthan Apartment Ownership Act, 2015 is a legal cover for apartment owners. It talks about responsibilities so that owners can enjoy their rights and avoid disputes.
- This Act helps in the formation of an association that takes care of the apartments’ management. This encourages regular maintenance and collective decision-making to ensure residents’ well-being.
- This Act authorises the association to ensure proper management of accounts and records. It helps in proper utilisation of funds for maintenance of the properties.
- These rules ensure the proper maintenance of common areas that can enhance the value of an overall property.
Who is Considered a Property Owner According to the Rajasthan Apartment Ownership Act?
- This act states that a person to whom an apartment is allotted, sold or transferred by a promoter, owns the specific property.
- Owners will have access to common areas and facilities. It will be in accordance with the Deed of Apartment.
- According to this Rajasthan Apartment Ownership Act, owners can transfer their apartment by way of sale, mortgage, lease, gift or exchange.
What is a Deed of Apartment?
- Whenever a promoter is allotting, selling or transferring an apartment, he must execute a Deed of Apartment. It should contain some basic information, like:
- Name of allottee or transferee.
- Details of land on which the property, facilities and common areas exist. It must include whether the land is free-hold or lease-hold. In case of lease-hold, the period of the lease should be mentioned.
- A copy of the building’s floor plan showing the layout, location and number of apartments.
- Details about the principal construction materials.
- Description of the common areas and facilities.
Registration of Deed of Apartment
- Every Deed will be considered a document that has a registration under the Registration Act of 1908.
- After any endorsement on a Deed of Apartment is recorded, the relevant officer must forward a certified copy to the Competent Authority.
- Anyone acquiring an apartment must have an idea of the notice of the contents of the Deed and the endorsement.
Association of Apartment Owners and Bye-Laws For Its Regulation
1. There has to be an Association of apartment owners for the administration of affairs related to the apartments.
2. The bye-laws must provide information on:
- Governing body composition
- Elections
- Powers and duties
- Maintenance of the properties
3. Under special terms, the association may ask for insurance against any kind of damage. Such insurance coverage will be mentioned on the property and the association as a trustee.
4. The Rajasthan Apartment Ownership Act, 2015 mentions that the association can take action against property owners. The owners will face actions if they do anything that affects the common areas and other facilities present inside the building.
The Concept of Common Profits and Expenses
This part of the Rajasthan Apartment Ownership Act, 2015 is about collective responsibility. This set of rules says that people must make some contribution if they are enjoying its common areas. You may find some relevance in Rajasthan Cooperative Societies Act, 2001. Owners living in the property will have to share common profits as well as expenses.
In the owner’s absence, the person occupying the property will be contributing to the common expense.
When Can the Association Withhold or Reduce Essential Services?
According to the Rajasthan Apartment Ownership Act, 2015 owners can face a total stoppage of essential services:
- If they violate the rules set in place by the association
- If they are unable to pay the common expenses.
Promoters’ Responsibility Towards the Association
This Rajasthan Apartment Ownership Act points out specific roles for the promoters. Here are some of them:
- Promoters must present an account of the amount paid by the apartment owners
- Concerned person must contribute to common expenses
- This individual must present a detailed account regarding replacement of fixed assets
- They must provide an account related to State Government and municipal taxes.
Conclusion
The Rajasthan Apartment Ownership Act, 2015 has necessary guidelines for apartment owners from Rajasthan. This set of rules clearly states the essential steps that these individuals must take. There are separate regulations that guide them in setting up an association and maintenance of common areas. The main objective of the Act is to maintain a healthy and safe living environment.
Check out these related pages to know more:
Frequently Asked Questions
1. What is the Rajasthan Apartment Ownership Act, 2015?
The Rajasthan Apartment Ownership Act, 2015 is a legal framework for apartment owners residing in multi-unit buildings in Rajasthan.
2. Is the Rajasthan Apartment Ownership Act, 2015 applicable for independent houses or multi-unit buildings?
Rajasthan Apartment Ownership Act, 2015 – Governs apartment ownership & maintenance in multi-unit buildings.
Rajasthan Cooperative Societies Act, 2001 – Covers cooperative societies in different industries, including housing.
3. What are the common areas and facilities in an apartment complex?
According to this Act, common areas constitute lobbies, elevators, gardens, staircases, etc. of an apartment complex.