Himachal Pradesh Apartment Ownership Act
The Himachal Pradesh Apartment Ownership Act, 1978
The Himachal Pradesh Apartment Ownership Act, 1978, regulates the ownership, transfer, inheritability, and management of individual apartments and their shared common facilities. It applies to owners and long-term lessees of residential properties within the state of Himachal Pradesh who voluntarily submit their properties to this Act by registering a formal declaration. This legislation is crucial because it grants apartment buyers clear, independent legal titles to their homes and a secure share in common spaces. It also establishes owners' associations to manage properties, divides maintenance costs, and legally prevents owners from damaging the building's structural safety.
- 1. Short title, extent and commencement
- 2. Application of the Act
- 3. Definitions.- In this Act, unless the context otherwise requires,-
- 4. A member of a co-operative society to be the owner of the apartment for a limited purpose
- 5. An apartment to be transferable and heritable property.-(1)
- 6. Benamidar of an apartment to be deemed to be the real owner thereof
- 7. Common areas and facilities
- 8. Compliance with bye-laws, covenants etc
- 9. Certain work prohibited
- 10. Encumbrances against apartments
- 11. Common profits and expenses
- 12. Contents of declaration
- 13. A declaration or an instrument to be submitted before the competent authority and to be dealt with by him.
- 14. Withdrawal from the provisions of the Act
- 15. Instrument of declaration etc. compulsorily registerable
- 16. Bye-laws
- 17. Separate assessment
- 18. Charge for property of common expenses
- 19. Liability for unpaid common expenses
- 20. Penalty
- 21. Power to make rules
- 22. Rules and bye-laws to be laid before State Legislature
- 23. Power to remove difficulty
- 24. Removal of doubts
- 25. Severability
PDF: pending for this language.