The Kerala Apartment Ownership Act, 1983
The Kerala Apartment Ownership Act, 1983
General198328 sections
This law regulates the ownership and management of residential apartments in the state of Kerala. It applies to any property intended for residential use where owners submit the building to its provisions through a formal declaration. The Act defines an apartment as an independent residential unit with access to common areas. It establishes the rights of apartment owners, who hold title to their specific unit along with an undivided share of the building's common spaces like land, stairs, and utilities. It also creates the Association of Apartment Owners to manage these shared facilities and handle common expenses, ensuring orderly living and maintenance for residents.
- 0. Preamble
- 1. Short title, extent and commencement.
- 2. Application of the Act.
- 3. Definitions.
- 4. Status of apartments.
- 5. Ownership of apartment.
- 6. Common areas and facilities.
- 7. Compliance with covenants, bye-laws and administrative provisions.
- 8. Certain works prohibited.
- 9. Encumbrances against apartments, removal from encumbrances, effect of partpayment.
- 10. Common profits and expenses.
- 11. Contents of declaration.
- 12. Contents of deeds of apartments.
- 13. Declarations, deeds of apartments and copies of floor plans to be registered.
- 14. Exclusion from provisions of Act.
- 15. Exclusion no bar to subsequent resubmission of property to the Act.
- 16. Bye-laws.
- 17. Waiver of use of common areas and facilities.
- 18. Separate assessment.
- 19. Charge on property for common expenses.
- 20. Joint and several liability of vendor for unpaid common expenses.
- 21. Insurance.
- 22. Disposition of property, destruction or damage.
- 23. Action.
- 24. Act to be binding on apartment owners, tenants, etc.
- 25. Power to make rules.
- 26. Application of Transfer of Property Act.
- 27. Power to remove difficulties.
PDF: pending for this language.