Chapter V COMMON PROFITS, COMMON EXPENSES AND OTHER MATTERS

Common profits, common expenses and other matters.-

1. (1) The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest of the apartment owners in the common areas and facilities.
2. (2) Where the apartment owner is not in the occupation of the apartment, owned by him, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment.

Apartment owner not to be exempt from liability for contribution by waiver of the use of the common areas and facilities.-No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use of enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.

Common expenses to be a charge on the apartment.-All sums assessed by the Association of Apartment Owners, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all other charges except only-

1. (i) the charge, if any, on the apartment for payment of Government and municipal taxes ; and
2. (ii) all the sums unpaid on a first mortgage of the apartment.

Separate assessments.-

1. (1) Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment (including an apartment in respect of which the provisions of this Act were applied under the proviso to section 2) shall be deemed to be separate property for the purpose of assessment of tax on lands and buildings leviable under such law and shall be assessed and taxed accordingly ; and for this purpose a local authority shall make suitable regulations to carry out the provisions of this section.
2. (2) Neither the multi-storeyed building nor the property nor the common areas and facilities referred to in sub-section
3. (1) shall be deemed to be separate properties for the purpose of the levy of such taxes.

Joint and several liability of vendor etc. for unpaid common expenses.-

1. (1) Upon the sale, bequest or other transfer of an apartment, the purchaser of this apartment or the grantee or legatee or the transferee, as the case may be, shall be jointly and severally liable with the vendor or the transferor for all unpaid assessments against the vendor or transferor for his share of the common expenses up to the time of the sale bequest or other transfer, without prejudice to the right of the purchaser, grantee, legatee or transferee to recover from the vendor or the transferor any amount paid by the purchaser, grantee, legatee or transferee therefor.
2. (2) Any purchaser, grantee, legatee or transferee referred to in sub-section
3. (1) shall be entitled to a statement from the Board or Manager setting forth the amount of the unpaid assessment against the vendor or transferor, as the case may be, and such purchaser, grantee, legatee or transferee shall not be liable for, nor shall the apartment be sold subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale, bequest or other transfer, in excess of the amount set forth in the statement.