CHAPTER II- Ownership, Heritability and Transferability of Apartments, Section 4- Ownership of Apartments

  1. Every person to whom any apartment is allotted, sold or transferred by the promoter, on or after the commencement of this Act, shall, be entitled to the exclusive ownership and possession of the apartment, unless he is not entitled to exclusive ownership under section 6 of this Act, or any other provision of it.
  2. Every person who becomes an owner  shall be entitled to a percentage of the undivided interest in the common areas and facilities. This will be specified in the Deed of Apartment. This percentage of undivided interest shall be computed by taking as a basis, the value of the apartment in relation to the value of the complete property.
  3. (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character; it cannot be altered unless the written consent of all the apartment owners has been obtained.

(b) No apartment owner can demand the partition or division of any part of the common areas and facilities since the interest of all the apartment owners in these facilities is undivided. Any contract of such a partition or division will be held void.

  1. The necessary work relating to construction, maintenance, improvement, repair and replacement of the common areas and facilities shall be carried out only in accordance with the provisions of this Act and the bye-laws.
  2. The Association of Apartment Owners has the irrevocable right, to be exercised by the Board or Manager, to have access to each apartment from time to time during reasonable hours for the maintenance, repairs or replacement of any of the common areas or facilities, or for making emergency repairs necessary to prevent damage to these facilities or apartments.