Amendment to the Declaration


The declaration you submit as the promoter of the apartment scheme can be amended from time to time under the following circumstances-

(a)  the declaration suffers from any clerical or arithmetical mistake or error arising therein from any accidental slip or omission; or

(b)  the amendment is necessitated by reason of any revision in the sanctioned plan of the building; or

(c)  the proposed amendment is just and reasonable;

These amendments, however, must not not violate the building bye-laws, sanctioned building plan or the contractual obligation of the promoter.

Application and process to make amendments to the declaration submitted:

You have to submit a written application to the vice chairman of the respective development authority under which the apartment building falls under or the Collector of the district where no such Development Authority exists.

On receipt of the application, the competent authority shall issue a written notice to the association of the apartment owners of the building and shall also cause the publication of a public notice in two daily newspapers circulating in that locality.

Objections to the amendment, if any, will be noted and the promoter and the apartment association will be given an opportunity to respond.

The competent authority, either the vice chairman or the collector, will pass an order and the same will be sent to the objector, promoter, and the association.