The Meghalaya Apartment Ownership Act, 2016

Preamble. An Act An Act to provide for the ownership of an individual apartment in a building together with an undivided interest in the common areas and facilities appurtenant to such apartment and to make such apartment and interest heritable and transferable.

Whereas it is expedient to provide in the State of Meghalaya for the ownership of an individual apartment in a building together with an undivided interest in the common areas facilities appurtenant to such apartment, and to make such apartment and interest heritable and transferable and for enforcement of obligations on promoters and apartment owners and to provide for matters connected therewith or incidental thereto;

Be it enacted by the Legislature of the State of Meghalaya in the Sixty-seventh Year of the Republic of India as follows:-

1. (1) This Act may be called the Meghalaya Apartment Ownership Act, 2016.
2. (2) It extends to the urban areas of the State of Meghalaya.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different areas.

The provisions of this Act shall apply to every apartment in any building constructed (or converted into apartments) by a promoter before or after the commencement of this Act on free held land or on land held on lease:

Provided that the number of sizes of the apartments in a building is in conformity with Building Bye Laws in force:

Provided further that if a basement, cellar, garage, room, shop or storage space is sold separately from any apartment, it shall be declared as an independent apartment and not as part of any other apartment or of the common areas and facilities:

Explanation:

Definitions In this Act, unless the context otherwise requires,-

1. (a) “Act” means the Meghalaya Apartment Ownership Act, 2016;
2. (b) “apartment” means a part of any property intended for any type of independent use including one or more rooms or enclosed spaces located on one or more floors to be used for residence or office or for the produce of any profession or for the carrying on of any occupation, trade or business or for such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway, or to a common area leading to such street, road or highway;
3. (c) “apartment building” means a building constructed or any land containing two or more apartments, or any existing building converted into apartments, and includes a building containing two or three apartments in respect of which a declaration has been made under the second proviso to Section 2;
4. (d) “apartment number” means the number, letter, or combination thereof, designating an apartment;
5. (e) “apartment owner” means the person owning an apartment apartment owner in term of his deed of apartment nor handed over or intended to be handed over to the local authority or other public service agency. This will include the limited common areas and facilities;
   • (i) "composition fees" means the cumulative amount of the fees arising out of the amount due on the apartment owner along with penalty fees if any;
6. (j) "common expenses" means-
   • (i) all sums lawfully assessed against the apartment owners by the association for meeting the expenses of administration, maintenance, repairs or replacement of the common areas and facilities;
   • (ii) declared by the provisions of this Act or by the bye-laws or agreed upon by the association, as common expenses;
7. (k) "common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities, remaining after the deduction of the common expenses;
8. (l) "competent authority" means the officer or authority who or which may be empowered by the State Government, by notification in the Official Gazette, with executive powers for implementing the provisions of this Act and the rules made thereunder, for such areas as may be specified in the notification, under the general guidance, superintendence and control of the State Government: Provided that the State Government may notify as competent authority more than one officer or authority and distribute the work among them in the manner deemed fit;
9. (m) "deed of apartment" means the agreement to be executed between the promoter and the allottee whenever any allotment, sale or other transfer of an apartment is made;
10. (n) "joint family" means a Hindu undivided family and, in the case of other persons, a group, the members are by custom jointly residing together;
11. (o) "land" means a portion of the surface of the earth, comprising the ground or soil and everything under it or over it, and things which are attached to the earth (such as buildings, structures and trees) things which are permanently fastened to the earth or to things attached to the earth, easements, rights and appurtenances belonging to them and benefits arising out of them;
12. (p) "Land Transfer Act" means the Meghalaya Transfer of Land (Regulation) Act, 1971;
13. (q) "limited common areas and facilities" means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment, as reserved for use of certain apartments to the exclusion of the other apartments;
14. (r) "local authority" means a Municipality or an authority for any other area so notified by State Government; "management committee" means the management committee of an association elected by the member from among the apartment owners under the bye-laws;
15. (t) "majority' or "majority of apartment owners" means the apartment owners with fifty-one percent or more of the votes in accordance with the percentages assigned in the deeds of apartments for voting purposes;
16. (u) "person" includes company, firm, co-operative society, joint family and an incorporated body of persons;
    • (v) "prescribed" means prescribed by rules made under this Act;
17. (w) "promoter" means the person who constructs or causes to be constructed a building consisting of apartments, or converts an existing building or a part thereof into apartment, for the purpose of selling all or some of the apartments to other persons , and includes his assigns. Where the person who constructs or converts a building and the person who sells are different persons, the term includes both of them. Any development authority and any other public body so notified by Government are deemed to be promoter in respect of the allottees in buildings constructed by them on land owned by them or placed at their disposal by Government; Explanation: A person who acts as described above will be deemed to be a promoter, even if
    • (i) he styles himself as builder, coloniser, contractor, developer, estate promoter or by any other name; or
    • (ii) he claims to be acting as the holder of a power of attorney of the owner of the land on which the building is constructed or any other persons.
    • (x) "property" means the land, the building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and includes every specified right and interest in land which a person can have to the exclusion of other persons, such as possession use and enjoyment free from interference, right of disposition and franchises and hereditaments;
18. (y) "Registrar" means Registrar appointed under the Registration Act, 1908; and
19. (z) "State Government" means the Government of the State of Meghalaya and the word "Government" shall be construed accordingly.

1. (1) Every person, to whom an apartment is allotted, sold or otherwise transferred by the promoter in accordance to the provisions of the Land Transfer Act, either before or after the commencement of this Act, shall be entitled, save as otherwise provided in section 7 and subject to the other provisions of this Act, on and from such commencement, or on such allotment, sale or transfer, as the case may be, be entitled to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him or her.
2. (2) The ownership of land on which the apartments are constructed will remain vested with the landowner or promoter as the case may be till the registration of the association. However the landowner or promoter is not allowed to add additional structure or undertake any development or alienate, transfer or sale the land without the consent of all the apartment owners.
3. (3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section
4. (1) will be entitled to the notional value of land which is proportionate to the super-built up area of his or her apartment or apartments.
5. (4) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub-section
6. (1) shall be entitled to such percentage of undivided interest in the common areas and facilities as may be specified in the deed of apartment and such percentage shall be the ratio of the built-up area of the apartment to the total built-up area of all the apartments of the building. In respect of limited common areas and facilities reserved for the use of certain apartments to the exclusion of other apartments, such percentage shall be the ratio of the built up area of the apartment to the total built-up area of those apartment for which the use is reserved. The actual built-up area should be taken into account for the calculation of the percentage and any different area which may be stated in the agreement between the promoter and the person taking the apartment, shall be ignored.
7. (5) The apartment owners shall own in common the common areas and facilities, neither the promoter nor the association shall have any ownership right in the common areas and facilities. The association shall be vested with the management and maintenance of the common areas and facilities.
8. (6) The percentage of the undivided interest of an apartment owner in the common areas and facilities shall have a permanent character and shall not be altered without the written consent of all the apartment owners.
9. (7) The percentage of undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument creating the encumbrance.
10. (8) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void.

1. (1) Each apartment owner may use the common areas and facilities in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other apartment owners.
2. (2) The necessary work relating to the maintenance, repairs or replacement of the common areas and facilities and the making of any additions or improvements thereto, shall be carried out only in accordance with the provisions of this Act and the bye -laws.
3. (3) The association shall have the irrevocable right (to be exercised by the management committee) 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 of facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to any other apartment or apartments.

1. (1) Subject to the provisions of section 7, an apartment, together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, shall constitute for all purposes a heritable and transferable immovable property as per law for the time being in force.
2. (2) An apartment owner may transfer his apartment together with the percentage of undivided interest in the common area and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever, in the same manner , to the same extent and subject to the same rights, privileges obligations, liabilities, investigations, legal proceedings or remedies, and to penalty, forfeiture or punishment, as any other immovable property, or may make a request of the same under the laws applicable to the transfer and succession of immovable property. The promoter shall neither impose any condition on such transfer in the agreement of sale nor collect any amount for acquiescing to such transfer: Provided that where the apartment is in possession of a person on the basis of a hire-purchase agreement, the transfer of possession of the apartment shall be regulated by the hire-purchase agreement and the transferor shall be jointly and severally liable with the transferee for the installments yet to be paid: Provided further that where the apartments in possession of a member of a housing co-operative society of the tenant co-partnership type, the transfer of possession of the apartment shall be regulated by the laws, rules and bye-laws applicable to such society: Provided also that where the building is on leasehold land, the transfer shall be subject to the terms and conditions of the lease: Provided further also that the transfer and inheritance shall conform to the provisions of the Land Transfer Act.
3. (3) The promoter shall neither impose any condition on such transfer in the agreement of sale nor collect any amount for acquiescing to such transfer.

1. (1) Where an allotment, sale or other transfer of an apartment has been made within the provisions of the Land Transfer Act, whether before or after the commencement of this Act, in pursuance of any promise of payment, or part payment, of the consideration thereof, the allottee shall not become entitled to the ownership of that apartment or to the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, until full payment in respect of common expenses has been made of the consideration thereof, along with any amounts in respect of common expenses and payment of Government and municipal taxes incurred by the promoter before the formation of the association, together with interest if any due thereon.
2. (2) If there is a dispute about the amount payable by the allottee to the promoter, the dispute shall be decided by the competent authority, but the allottee will be entitled to possession without waiting for the dispute to be decided. If after final payment as aforesaid has been made, any expenses are incurred by the promoter for providing any requirement imposed by the Government or the local authority, such as fire-fighting equipment, it shall be recoverable from the apartment owners, where any such allottee has been inducted into the possession of such apartment or any part thereof on certain term and conditions in pursuance of such allotment, sale or other transfer, he shall continue to remain in possession thereof on the same terms and conditions: Provided if a person has entered into a hire purchase agreement with the promoter and has been inducted into the possession of an apartment on certain terms and conditions, he shall continue to remain in possession thereof on the same terms and conditions.

An apartment owner shall comply strictly with this Act, the rules and the bye -laws and with the covenants; conditions, restrictions set forth in the deed of apartment and failure to comply with any of them shall be a ground for action to recover sums due to damages, or for injunctive relief, or both, by the management committee on behalf of the association, or, in a proper case by an aggrieved apartment owner, before the competent authority.

Notwithstanding anything contained in any law for the time being in force, a person acquiring an apartment from an apartment owner by gift, exchange, purchase or otherwise or taking lease of an apartment from an apartment owner, shall-

1. (a) in respect of the said apartment, be subject to the provisions of this Act; and
2. (b) execute within four months and register an instrument, in such form and in such manner as may be prescribed, giving an undertaking to comply with the covenants, conditions and restrictions, subject to which such apartment is owned by the apartment owner aforesaid, and file certified copy thereof in the office of the competent authority.

No apartment owner shall do any work which would be prejudicial to the soundness or safety of the property or reduce the value thereof or impair any easement or heriditament or shall add any material structure or excavate any additional basement or cellar, without first obtaining the consent of all the other apartment owners.

Explanation: - In this section where there is more than one building in the association, reference to the other apartment owners in the section, is only to the other apartment owners in the concerned building.

1. (1) Where any land is given on lease by a person (hereafter in this section referred to as the lessor to another person (hereafter in this section referred to as the lessee, which term shall include a person in whose favour a sub-lease of such land has been granted), and any building has been constructed on such leasehold land by the lessee, as there are apartments in such building and shall execute a separate deed of sub-lease in respect of such land in favour of each apartment owner within four months from the date on which possession of an apartment is given to him, and execute a document transferring the management of the common areas and facilities to the association within four months of its being formed, and file certified copies of the instruments in the office of the competent authority.
2. (2) In the case of a building constructed before the commencement of this Act, such deed of sub-lease and such document of transfer shall be executed within four months of the commencement of this Act. Thereafter, the powers and functions of the lessee shall be exercised by the association in respect of apartment owners who are the sub-lessees: Provided that no sub-lease in respect of any land shall be granted except on the same term and conditions on which the lease in respect of the land has been granted by the lessor and no additional terms and conditions shall be imposed by the lessee except with the previous approval of the lessor: Provided further that the sub-lease shall also conform to the provisions of the Land Transfer Act: Provided also that the lessee shall not withhold consent to, or collect any amount for acquiescing to, the apartment owner executing a transfer of the sub-lease and endorsement on the deed of apartment in favour of a transferee, but, where the lessor is the Government, it may levy such transfer fee as may be prescribed.
3. (3) Where the lessee has any reason to suspect that there has been any breach by the apartment owner (hereinafter referred to as the defaulting apartment owner) of the terms and conditions of the sub-lease, in respect of the land appurtenant to the apartment, he may himself inspect such land or may authorise one or more persons to inspect such land and make a report as to whether there has been any breach of the terms and conditions of any sub-lease in respect of such land and, if so, the nature and extent of such breach, and for this purpose it shall be lawful for the lessee or any person authorised by him to enter into , and to be in the land in relation to which such breach has been or is suspected to have been committed.
4. (4) Where the lessee or any person authorised by him makes an inspection of the land referred to in sub-section
5. (3) he shall record in writing his findings on such inspection a true copy of which shall be furnished to the defaulting apartment owner) and, where such findings indicate that there has been any breach of the terms and conditions of the sub-lease in respect of such land, the lessee may, by a notice in writing, require the defaulting apartment owner to refrain from such breach, or to pay in lieu thereof such composition fees as may be specified in the notice in accordance with such scales of composition fees as may be prescribed.
6. (5) The defaulting apartment owner who is aggrieved by any notice served on him by the lessee under sub-section
7. (4) may, within thirty days from the date of service of such notice, prefer an appeal to the competent authority, either challenging the findings of the lessee or any person authorised by him, or disputing the amount of composition fees as specified in the notice. The competent authority may, after giving the parties as reasonable opportunity of being heard, confirm, alter or reverse those findings; or may confirm or reduce the amount of composition fees, or set aside the notice.
8. (6) Where there is default in the payment of any composition fees, it shall be lawful for the lessee to recover the amount of composition fees from the defaulting apartment owner as an arrear of land revenue.
9. (7) Where any composition fees are paid, whether in pursuance of the notice served under sub-section
10. (4) or in accordance with the decision of the competent authority, no further action shall be taken by the lessee for the breach in relation to which payment of such composition fees has been made.
11. (8) Where any lessee omits or fails to take any action under sub-sections
12. (3) or (4), the lessor may, by a notice in writing, require the lessee to take action against the defaulting apartment owner under sub-sections
13. (3) or
14. (4) within a period of ninety days from the date of service of such notice and, in the event of the omission or failure of the lessee to do so within such period, the lessor may himself take action under sub-sections
15. (3) or (4), and the provisions of sub-sections (4),
16. (5) and
17. (6) shall, as far as may be, apply to any action taken by him, as if such action has been taken by the lessee.
18. (9) For the removal of doubts, it is hereby declared that no work in any apartment by the owner thereof shall be deemed to be a breach of the terms and conditions of the sub-lease in respect of the land on which the building containing such apartment has been constructed, unless the work is prohibited by Section 10.
19. (10) Where the building is not constructed on leasehold land, the promoter will not be required to grant a sub-lease to any apartment owner or executed a document transferring the management of the common areas and facilities to the association, but, on the execution of the conveyance and the deed of apartment, the title to the apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment shall be deemed to be transferred to the concerned apartment owner and the right of management of the common areas and facilities of the association. The provision of the other sub-sections of this section shall apply, as if the words “sub-lease”, “lessee” and “sub-lessee” refer to the “deed of apartment”, “association” and “apartment owner” respectively.

1. (1) An apartment owner may create any encumbrance only against the apartment owned by him and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership: Provided that where any such encumbrance has arisen or has been created against the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto, such apartment and undivided interest shall not be partitioned or sub-divided: Provided further that encumbrances against the apartments shall conform to the provisions of the Land Transfer Act.
2. (2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or sub-contractor, shall be the basis of a charge or encumbrance under the provisions of the Transfer of Property Act, 1882, against the apartment or any other property of any other apartment owner not expressly consenting to, or requesting the same, except that such express consent shall be deemed to be given by an apartment owner in the case of emergency repairs to his apartment.
3. (3) The labour performed and material furnished for the common areas facilities, if duly authorised by the association or the management committee in accordance with the provisions of this Act or the bye-laws, shall be deemed to be performed or furnish with the express consent of each apartment owner and shall be the basis for a charge or encumbrance against each of the apartments and shall be subject to the provisions of sub-section (4).
4. (4) In the event of a charge or any encumbrance against two or more apartments becoming effective, an apartment owner may remove his apartment from the charge or encumbrance by making payment of the proportional amount attributable to his apartment.
5. (5) On any such payment, discharge or other satisfaction, referred to in sub-section (4), the apartment and the percentage of undivided interest in the common area and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid , discharged or satisfied: Provided that such part payment shall not prevent the person having a charge or encumbrance from proceeding to enforce the rights, in relation to the amount still outstanding, against any other apartments not so free of the charge or encumbrance.

1. (1) Whenever any allotment, sale or other transfer of an apartment is made within the provisions of the Land Transfer Act by the promoter to the allottee, the promoter and the allottee shall, as the party in the first part and the party in the second part respectively, within four months from the date of such allotment, sale or other transfer, execute a deed of apartment, containing the following particulars; namely,-
   • (a) the name, address and other particulars of the allottee;
   • (b) description of the land on which the building and the common areas and facilities are located, and whether the land is free-hold or leasehold, and if leasehold the period of such lease, and the postal address of the property;
   • (c) a set of floor plans of the building showing the lay-out and location of the apartment, and bearing the verified statement of an architect certifying that it is an accurate copy of the portions of the plans of the building as filed with and approved by local authority within the jurisdiction of which the building is located;
   • (d) description of the building, stating the number of storeys and basements, the number of apartments in that building and the principal materials of which it is constructed;
   • (e) the apartment number or statement of the location of the apartment, its approximate area, number and dimensions of the rooms, immediate common area to which it has access, and any other data necessary for its property identification: Provided that the number and areas of the apartments should be in conformity with the Municipal Regulations or Meghalaya Building Bye Law in force;
   • (f) description of the common areas and facilities appurtenant to such apartment;
   • (g) description of the limited common areas and facilities, if any, starting to which apartments their use is reserved;
   • (h) value of the property and of the apartment and the percentage of undivided interest respectively in the common areas and facilities and the limited common areas and facilities if any, appurtenant to such apartment, and a statement that the apartment and such undivided interest are not encumbered in any manner whatsoever on the date of execution of the deed of apartment;
     • (i) statement of the purposes for which the building and each of the apartments are intended and restricted as to use;
   • (j) the name of the person to receive service of process, together with the residence or place of business of such person; and
   • (k) any further details which the parties to the deed of apartment may feel desirable to set forth: Provided that if, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in India is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration as per sub section
2. (1) of Section 25 of Indian Registration Act 1908. In case of delay beyond this period, the provision of Indian Registration Act 1908 shall be applicable: Provided further that in the case of an allotment, sale or other transfer made before the commencement of this Act, the promoter shall execute the deed of apartment within four months of such commencement or within the period of extension granted by the competent authority or Government: Provided also that the non-execution of a lease between the lessor and the lessee, or the alleged breach of any conditions of the original agreement regarding allotment between the promoter and the allottee, shall not be considered sufficient cause for the promoter not executing the deed of apartment in favour of the allottee.
3. (2) If the apartment is allotted under hire-purchase, the promoter and the hire-purchaser shall execute, instead of a deed of apartment, a hire-purchase agreement.
4. (3) The promoter shall file in the office of the competent authority, and deliver to the concerned allottee a true copy of the deed of apartment or the hire-purchase agreement as registered under Section 16.
5. (4) Whenever any transfer of an apartment is made by the owner thereof, whether by sale, lease mortgage exchange, gift or otherwise within the provisions of the Land Transfer Act, the transferor or shall deliver to the transferee the certified copy of the deed of apartment delivered to him under sub-section
6. (3) , after making an endorsement thereon as to the name, address and other particulars of the transferee, to enable the transferee to get endorsement of the certified copy registered in accordance with the provisions of section 16.
7. (5) The execution of the deed of the apartment vests the apartment owner with the exclusive ownership and possession of the apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, as a heritable and transferable property in terms of Sections 4 and 6 of this Act. On execution of a document transferring the management of the property and the common areas and facilities to the association, it is vested with the management of the property and the common area and facilities, but will not be the owner of the property or the building or the common areas and the facilities.
8. (6) For the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to and not in derogation of the provisions of any other law for the time being in force, relating to the transfer of immovable property.
9. (7) The copy of the deed of apartment or the endorsements thereon, as the case may be, shall be sent by the Registrar to the concerned Income Tax authority and the Promoter, apartment owner or transferee except tribal shall be liable to any action under the Income Tax Act, if the transaction reveals that any income has escaped taxation.
10. (8) In the absence of any agreement to the contrary, the stamp duty and the registration fee for a deed of apartment or an endorsement thereon or a sub-lease shall be borne by the allottee, the transferee or the sub-lessee as the case may be, unless it is remitted by notification under Section 9 of the Indian Stamp Act, 1899.

1. (1) If the promoter, or the apartment owner as the case may be, fails to execute a deed of apartment or an endorsement thereon under the first proviso of sub-sections
2. (1) or
3. (4) of section 13 within four months, or does not comply with sub-sections
4. (3) or
5. (4) of section 13 within four months of the execution of the deed of apartment or the endorsement thereon, or with sub-section
6. (1) of section 11 within four months of the date on which possession of the apartment is given of the date or which possession of the apartment is given or, where the competent authority or government has granted extension of time under the first proviso to sub-section
7. (1) of section 13 within such extend period, the competent authority may, either on a complaint or summon, impose a penalty of 3% of basic cost of the apartment for which there is a default together with a further minimum penalty for each apartment of one hundred rupees for every day for which the default continues, and the penalty may be recovered as an arrear of land revenue. This penalty shall be in addition to any action under the Stamp Act, 1899 or the Registration Act 1908: Provided that it will be incumbent on the promoter to execute the sub-lease only after the lease is executed in his favour, but the deed of apartment will have to be executed without waiting for the execution of the lease, as envisaged by the third proviso to sub-section
8. (1) of Section 13.
9. (2) On the failure of the promoter to execute the deed of apartment within the time stated in sub-section
10. (1) the allottee may make an application to the competent authority.
11. (3) On failure of the apartment owner to make an endorsement of the transfer of an apartment on the deed of apartment within the time stated in sub-section (1), the transferee may make an application to the competent authority.
12. (4) On the failure of the lessee to execute a sub-lease within the time stated in sub-section (1), the apartment owner may make an application to the competent authority.
13. (5) The application under sub-sections (2),(3) or
14. (4) as the case may be, shall be in the prescribed form in writing for a certificate to be produced before the concerned registration officer for enforcing the registration of the transfer. After making such enquiry as may be necessary and satisfying itself that the occupation certificate has been obtained from the appropriate authority and that the applicant has done what he is required to do under the agreement, the competent authority shall issue a certificate to the appropriate registration officer that it is a fit case for enforcing registration and direct the application to present the deed of apartment, the endorsement on the deed of apartment or the sub-lease as the case may be, though not executed by the other party, for unilateral execution of registration.
15. (6) After the instrument along with the certificate issued by the competent authority is presented for registration, the registration officer shall cause a summons to be issued to the other party. If he fails to appear in compliance with the summons, the execution of the instrument shall be deemed to be admitted by him and the registration officer shall proceed to register the instrument. If he appears but denies the execution of the instrument, if the registration officer, after giving him a reasonable opportunity of being heard, is satisfied that he has failed to execute the instrument without sufficient cause, shall proceed to register the instrument. Notwithstanding anything contained in the Land Transfer Act in force or the Transfer of Property Act, 1882 or the Registration Act, 1908, the registration of the instrument under this sub-section shall be sufficient to vest the property in the applicant.

1. (1) Whenever any succession takes place to an apartment or part thereof, the successor shall, within a period of six months from the date of such succession, make an application to the competent authority for recording such succession on the certified copy of the deed of apartment, and, if there is any dispute as to the succession to the apartment, the competent authority shall decide the same.
2. (2) Whenever any succession to an apartment has been recorded by the competent authority under sub-Section (1), such authority shall send a true copy of such record to the concerned registrar for registration thereof in accordance with the provisions of Section 16.

1. (1) Every declaration under the second proviso to Section 2, every instrument under Section 9, every sub-lease and every document transferring management of common areas and facilities to an association under section 11, every Deed of Apartment and every endorsement thereon and every hire purchase agreement relating to an apartment and a set of floor plans for every building of apartments under section 13, and every record of succession under section 15, shall be deemed to be documents which are compulsory registrable under the registration Act, 1908 and shall be registered with the registrar accordingly, and the works and expansions in this section but not defined in this Act, shall have the meanings respectively assigned to them in the Registration Act,1908.
2. (2) The promoter shall file in the appropriate registration office with the first deed of apartment in respect of every building, a set of all floor plans of the building, showing the layout location, numbers and dimensions of apartments, and bearing the verified statement of an architect certifying that it is an accurate copy of the plans of the building as filed with and approved by the local authority within the jurisdiction of which the building is located.
3. (3) In all registration offices, a book called “Register” of deeds of apartments under the “Meghalaya Apartment Ownership Act, 2016” and an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed.
4. (4) Whenever any endorsement on a deed of apartment is registered, the concerned registrar shall forward a certified copy thereof to the competent authority to enable that authority to make necessary entries in the certified copy of the concerned deed of apartment filed with it under sub-section
5. (3) of Section 13.
6. (5) A person acquiring an apartment shall be deemed to have notice of the contents of the deed of apartment and the endorsement, if any, thereon as from the date of its registration under this section.

1. (1) After obtaining occupation certificate for the building and within four months of one-third of the apartments being allotted, sold or otherwise transferred in accordance to the provisions of the Land Transfer Act, the promoter shall make an application to the competent authority for the registration of association, with the persons who have purchased apartments as members: Provided if the promoter fails to make such application, the apartment purchasers can make such application.
2. (2) There shall be an association, with the apartment owners as its members, for the administration of the affairs in relation to the apartments and the property and for management, maintenance and upkeep of the property, the common areas and facilities and common services: Provided that in respect of an apartment meant for sale but not yet sold, the promoter shall be an associate member of the association and, when such apartment is later allotted, sold or otherwise transferred as per the provision of the Land Transfer Act, the allottee shall become a member of the association and the promoter shall cease to be associate member of the association in respect of such apartment: Providing further that the formulation of the association shall be without prejudice to the liability of the promoter for breach of any municipal regulation or the Meghalaya Building Bye Laws, 2011 in force regarding sanction of building plans and to obtain completion and occupancy certificates.
3. (3) The association shall be registered with the competent authority. The competent authority shall ascertain whether the majority of the apartment owners desire the association to function as a co-operative society or as a limited company. The competent authority shall register the association accordingly, either as a co-operative society under the Meghalaya Co-operative Societies Act or a limited company under the Company’s Act.
4. (4) The Competent Authority shall-
   • (a) ascertain whether the majority of the apartment owners desire the association to function as a co-operative society or a limited company;
   • (b) register the association accordingly, either as a co-operative society under the Meghalaya Co-operative Societies Act or as a Limited Company under the Companies Act; and
   • (c) have all the functions of a Registrar under the respective Act for the association.
5. (5) The association will be responsible for the administration and management of the property and maintenance and upkeep of the common. areas and facilities and common services.

Bye-Laws The administration of the affairs to the association and the management of the property and the common areas and facilities and services shall be governed by the bye-laws of the association at Annexure I. The association, at its first meeting, shall make its bye laws in accordance with the model bye-laws prescribed under this Act at Annexure I and no departure from variation of, addition to or omission from the model bye laws shall be made, except with the prior approval of the competent authority and no such approval shall be given if, in the opinion of the competent authority, such departure, variation, addition or omission shall have the effect of altering the basic structure of the model bye laws.

Disposition of property on destruction or damage If within sixty days of the date of damage or destruction to all or part of any property, or within such further time as the competent authority may, having regard to the circumstances of the case, allow, the association does not determine to repair, re-construct or rebuild such property, then:-

1. (a) the property shall be deemed to be owned in common by the apartment owners;
2. (b) the undivided interest in the property owned in common, which shall appertain to each apartment owner, shall be the percentage of the undivided interest in the common areas and facilities previously owned by such owner;
3. (c) an encumbrance affecting an apartment shall be deemed to be transferred in accordance with the existing property to the percentage of undivided interest of the concerned apartment owner in the property; and
4. (d) the property shall be subject to an action for partition at the suit of any apartment owner, in which even the net proceeds of sale together with the net proceeds of the insurance on the property, if any, after first paying of all charges on the property, shall be considered as one fund, and the respective share therein of an apartment owner will be equal to his percentage of undivided interest in the property.

1. (1) Without prejudice to the rights of any apartment owner, action may be brought by the management committee in its discretion on behalf of two or more of the apartment owners as their respective interests may appear, with respect to any use of action relating to the common areas and facilities of more than one apartment.
2. (2) The service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment, may be made on the person designated in the bye-laws to receive service of process.

1. (1) If an association is not performing its functions, the competent authority may give it suitable directions.
2. (2) If the competent authority is of the opinion that the functioning of the management committee is detrimental to the interests of the association or of the apartment owners or against public interest, the competent authority may give the management committee a notice to show cause why it should not be superseded. If the reply of the management committee is not considered satisfactory, the competent authority may supersede the management committee and appoint an administrator to perform the functions of the management committee and the association for a period not exceeding six months.

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 in the common areas and facilities.
2. (2) Where an apartment owner is not in the occupation of his apartment, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment, whether or not such person holds a tenancy, lease, licence or agreement from the apartment owner or is a purchaser, grantee, legatee or other transferee.
3. (3) The apartment owner, or the person in occupation as the case may be, is liable to pay the common expenses, irrespective of whether or not the deed of apartment or the endorsement thereon has been executed under sub-section
4. (1) or
5. (4) of Section 13 and registered under Section 17, or the certified copy of the deed of apartment has been delivered to the apartment owner, or as the case may be, the transferee.
6. (4) In respect of apartments not yet allotted, sold or otherwise transferred, the promoter, who shall be an associate member of the association, shall be liable to pay the common expenses, as if he is a person in occupation of such apartments. The promoter shall not be liable to the association or to Government or the local authority, for any dues accrued in respect of an apartment after the possession is handed over.
7. (5) The Promoter may collect amounts from the apartment owners before the formulation of the association, towards the common expenses or towards the sinking fund for replacement of fixed assets or payment of Government or municipal taxes or stamp duty or registration fees for the deed of apartment or other conveyance. The promoter shall be liable to account for such amounts and shall, within three months of the formulation of the association, transfer the surplus amount in his hands to the association or to the apartment owners as the case may be.

No apartment owner may exempt himself from liability for his contribution towards the common expenses, by waiver of the use or enjoyment of any of the common areas and facilities, or by the abandonment of his apartment.

All sums assessed by the association 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. (a) the charge, if any, on the apartment for payment of government and municipal taxes;
2. (b) all sums unpaid on a first mortgage of the apartment;
3. (c) any installment due but unpaid under the hire -purchase agreement; and
4. (d) arrears of ground rent and other charges payable to the lessor.

1. (1) Upon the sale, bequest or other transfer of an apartment within the provisions of the Land Transfer Act, by a vendor or transferor to the purchaser or the grantee or legatee or other transferee as the case may be, the latter shall be jointly and severally liable with the former for all unpaid assessments against the former 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 latter to recover from the former any amount therefore paid by the latter there for;
2. (2) Any purchaser, grantee, legatee or transferee referred to in sub-section
3. (1) shall be entitled to a statement from the management committee setting forth the amount of unpaid assessment against the vendor or transferor, as the case may be, and such purchaser, grantee, legatee or transferee shall not be liable 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 such statement.

Liabilities under other laws

1. (1) The promoter shall be liable to government and to the local authorities for breach of any laws, in respect of the property and the common areas and facilities, till such time as association is formed, and in respect of each apartment, till the date on which possession is given to the apartment owner. Thereafter each apartment owner will be liable in respect of the apartment owned by him and the association will be liable in respect of the common area and facilities. The association will not be liable for breaches committed by an apartment owner.
2. (2) The liabilities of the promoter under Sub-Section
3. (4) and
4. (5) of Section 22, sub-section
5. (3) Section 28 and sub-Section
   • (i) of this section, which accrued before possession of an apartment was given to an apartment owner or before an association was formed, will continue against him, even after possession of an apartment is given or the association is formed.

It shall be lawful for the association to recover any amount chargeable or recoverable under sections 11, 22, 24, 25 or 28 from an apartment owner or any purchaser, grantee, legatee or other transferee from him or from any person in occupation of the apartment. If any sum assessed by the association is not paid on demand, the association may apply to the collector for its recovery as an arrear of land revenue. The collector, if satisfied that the association has made reasonable efforts to recover such sum but failed, may recover it from the apartment owner or any purchaser, grantee, legatee or other transferee from him or from any person in occupation of the apartment, as an arrear of land revenue.

1. (1) Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and the perccntage of undivided interest in the common areas and facilities appurtenant to such apartment shall be deemed to be a 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 building nor the property nor the common areas and facilities shall be deemed to be the separate property of the association for the purpose of the levy of such taxes.
3. (3) An apartment owner shall be liable for payment of the taxes under sub- section
4. (1) from the date he is given possession of the apartment and the promoter shall be liable for the taxes only up to such date.
5. (4) The association shall be liable for the collection of Government and municipal taxes including the ground rent from the apartment owners and for its remittance to the Government or local authority. If the association fails to do so, the competent authority may take action against the association for its failure and the amount due maybe recovered as an arrear of land revenue from the concerned apartment owners.

1. (1) The management committee –
   • (a) shall have, if requested so to do by a mortgage having a first mortgage covering an apartment, the authority to; and
   • (b) shall, if required so to do by the bye-laws or by a majority of the apartment owners, obtain insurance for the property against loss or damage by fire or other hazards under such terms and for such amounts as shall be so requested or required.
2. (2) Such insurance coverage shall be written on the property in the name of such management committee as trustee for each of the apartment owners in the percentages specified in their deeds of apartment.
3. (3) The provisions of sub-sections
4. (1) to
5. (2) shall be without prejudice to the right of each apartment owner to insure his own apartment for his benefit.

1. (1) The competent authority shall have the following powers and duties, namely,-
   • (a) to decide, under section 7, dispute about the amount payable by an allottee to a promoter;
   • (b) to decide, under section 8, the action for recovery of sums as damages or injunctive relief or both;
   • (c) to decide under sub-section
2. (4) of section 11 appeals against notice given by the lessee to apartment owner regarding a breach of the terms and conditions of the sub-lease of regarding the amount of the composition fees demanded in lieu thereof;
   • (d) to permit, under the first proviso to sub-section
3. (1) of section 13, further time to the promoter to execute deeds of apartments;
   • (e) to receive, under the second proviso to section 2, section 9, sub-section
4. (1) of section 11, sub-section
5. (3) of section 13 and sub-section
6. (4) of section 16, the certified copies of declarations, instruments of undertaking, deeds of sub-lease, documents of transfer of management, deeds of apartments and endorsements thereon, and hire-purchase agreements;
   • (f) to impose penalty for delay in or failure to execute instruments as specified in sub-section
7. (1) of section 14;
   • (g) under sub-section
8. (5) of section 14, to issue certificate to registration officer;
   • (h) under section 15, to decide disputes as to succession to an apartment and to record succession, on the certified copy of the deed of apartment and to send true copy thereof of the concerned registrar for registration;
     • (i) to register, under sub-section
9. (2) of section 17, the association of apartment owners either as co-operative society or as a limited company, after ascertaining the desire of the majority;
   • (j) under section 18, to approve and register the bye-laws of an association, any deviation from the model bye-laws and amendments to the bye laws;
   • (k) to allow, under section 19, further time beyond sixty days to an association to repair, reconstruct or rebuild a property which is damaged or destroyed;
   • (l) under section 21, to give direction to an association, to supersede the management committee and to appoint an administrator;
   • (m) to resolve disputes between an association and a member thereof;
   • (n) to ensure the annual audit of the accounts of an association;
   • (o) to receive audit reports on the accounts and the annual reports on the working of an association;
   • (p) to ensure compliance by promoters, associations and apartment owners of the obligations under the Act, rules or bye laws, by issue of suitable directions;
   • (q) to issue directions to associations and apartment owners, consistent with the Act, rules and bye-laws; and
   • (r) any other function which the government may by notification entrusted to the competent authority.
10. (2) In discharging his functions under the Act, the competent authority will have the powers of a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely:-
    • (a) summoning and enforcing the attendance of any person and examining him on oath or affirmation;
    • (b) receiving evidence on affidavits;
    • (c) requiring the discovery and production of documents;
    • (d) subject to the provision of section 123 and 124 of Indian Evidence Act 1872, requisitioning any public record or document or copies of such record or document from any office;
    • (e) issuing commissions for the examination of witness or documents; and
    • (f) any other matters which may be prescribed by Government.

1. (1) The State Government, by notification in the Official Gazette, may appoint an officer or an authority as appellate authority, with the powers to decide appeals against the orders of the competent authority, under the general guidance, superintendence and control of the State Government: Provided that the State Government may notify as appellate authority more than one officer or authority and distribute the works among them in the manner deemed fit.
2. (2) Any person aggrieved by any order of the competent authority under this Act, may, within a period of thirty days of the communication of the order to him, prefer an appeal to an appellate authority in such form and manner as may be prescribed.
3. (3) The appellate authority, after giving an opportunity to be heard to the parties and to the competent authority, may pass such order as deemed fit, either confirming, modifying or setting aside the order of the competent authority, and record its reasons in writing. The order of the appellate authority shall be final, unless revised by the State Government.
4. (4) In discharging its functions, the appellate authority shall exercise all the powers of Civil Court under the Code of Civil Procedure, 1908 while deciding an appeal.

The State Government, either suo moto or an application within sixty days from any party aggrieved by any order, may call for and examine the record of any proceedings disposed of by the competent authority, or the appellate authority as the case may be, for the purpose of satisfying itself as to the correctness, legality or propriety of any proceedings and of any order passed therein, and may pass such order in relation thereto as it may deem fit:

Provided that no order adverse to any person shall be passed without giving him an opportunity to show cause against such proposed order:

Bar on Jurisdiction No Civil Court shall have any jurisdiction to entertain or decide any question relating to matters arising under this Act or the rules made there under. Every order passed by the competent authority subject to appeal or revision, every order passed by the appellate authority subject to revision and every order passed by the State Government in revision, shall be final and shall not be questioned in any court of law.

1. (1) The provision of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract undertaking or other instrument, and all apartment owners, tenants, or their employees or any other person who may or any manner use the property or any part thereof to which this Act applies, shall be subject to the provision of this Act and the rules and bye-laws made thereunder: Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any entities or other person on common areas and facilities from any promoter before the commencement of this Ordinance.
2. (2) All agreements, decisions and determinations lawfully made by the associations in accordance with the provisions of this Act and the bye-laws, shall be deemed to be binding on all apartment owners.

1. (1) If a promoter or an association or an apartment owners contravenes any provision of this Act or the rules, or commits a breach of any bye-law of the association or of the terms and conditions of the deed of apartment, or does anything detrimental to the health or safety of the public, the competent authority may issue, either sue moto or on an application from the association or any person affected, a notice to show cause why penalty should not be levied, and if no sufficient cause is, shown levy for each breach or contravention a penalty for each apartment upto a maximum of one percent of the price of the apartment, or one thousand rupees, whichever is greater, and a further minimum penalty for each apartment of one hundred rupees for each day that the breach of contravention continues.
2. (2) If the penalty is not paid, it may be recovered as an arrear of land revenue or may be prescribed.

For the removal of doubts, it is hereby declared that the provisions of the Transfer of Property Act, 1882 and the Land Transfer Act, in force, shall, in so far as they are not inconsistent with the provisions of this Act, apply to the transfer of any apartment together with the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, made by the apartment owner, whether such transfer is made by sale, lease, mortgage, exchange, gift, will or otherwise, as they apply to the transfer of any immovable property.

1. (1) The State Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :-
   • (a) the manner in which the percentage of undivided interest of each apartment in a building, parts of which are put to non-residential use, should be determined, under the proviso to sub-section
3. (2) of section 4;
   • (b) the scales of composition fees which may be paid under sub-section
4. (3) of section 11 for the breach of the terms and conditions of any lease or sub-lease;
   • (c) the form and manner in which an instrument referred to clause
   • (b) of section 9 shall be executed and registered;
   • (d) the form in which the register of deeds of apartments under this Act and the index relating thereto shall be kept and the particulars which such register shall contain as required by sub-section
5. (3) of section 16;
   • (e) the model bye-laws of the association of apartment owners under section 18;
   • (f) powers of a civil court which may be conferred on the competent authority under sub-section
6. (2) of section 30;
   • (g) the form and manner in which an appeal against an order of the competent authority has to be preferred to an appellate authority, under sub-section
7. (2) of section 31; and
   • (h) any other matter which is required to be, or may be, prescribed.
8. (3) Every rule made under this Act shall, as soon as after it is made, be placed before the State Legislature of Meghalaya.

Notwithstanding anything contained in this Act, the transfer of apartment or any other matter concerning thereto shall be subject to the Land Transfer Act.

Annexure-I. Annexure-I [See Section -18]

The Model Bye-Laws:

Every association shall make its bye laws in accordance with the model bye-laws. The model bye laws prescribed under the Apartment Ownership Act, shall provide for the following among other matters, namely:-

a) the manner in which the association is to be formed;

b) the composition of a management committee;

c) the election of the members of the management committee, with provision that one-third of members of the management committee shall retire annually;

d) the powers and duties of the management committee;

e) the honorarium if any of the members of the management committee;

f) the method of removal from office of the members of the management committee;

g) method of calling meetings of the association and of the management committee and the number of members of the association or the management committee who shall constitute a quorum for such meetings;

h) such other matters as may are required to be, or may be provided for in the bye – laws.

i) election of a president of the association, who shall preside over the meetings of the association and of the management committee;

j) election of a secretary to the association, who shall keep two separate minutes books, one for the association and the other for the management committee, and shall record in the respective minutes books the resolutions adopted by the association or the management committee, as the case may be;

k) election of a treasurer, who shall keep the financial records and book of accounts of the association;

l) maintenance, repair and replacement of the common areas and facilities and payment thereon;

m) manner of collecting from the apartment owners or any other occupants of apartments, their share of the common expenses;

n) engagement and removal of persons employed for the administration, management, maintenance, repair and replacement of the property and the common areas and facilities.

o) regulations with regard to the use and maintenance of the apartment and the common areas and facilities, with such restrictions thereon as may be necessary to prevent unreasonable interference in the use thereof by other apartment owners.

p) the regulation of transfer or partition of an apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, subject to the provisions of this Act and such terms and conditions as may be specified in the bye laws;

q) the name of the person to receive service of process in any action against the association or the management committee of more than one apartment owner, together with the residence or place of business of such person;

r) the manner in which the bye – laws may be amended;

s) any matter which may be required by the government to be provided for the bye-laws for the proper or better administration of the property;

The bye-laws framed under sub-section

1. (i) may also contain provisions, not inconsistent with the Act, a) enabling the management committee to retain/areas of the building so for commercial purposes and to grant lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common expenses for maintaining the building and the common areas and facilities, and if any surplus is left after meeting such expenses, to distribute such surplus to the apartment owners as income; b) relating to the audit of the accounts of the association and of the administration of the property; c) specifying the times at which and the manner in which annual general meetings and special meetings of the association shall be held and conducted; d) specifying the time at which and the manner in which the annual report relating to the activities of the association shall be submitted; e) specifying the manner in which the income derived and expenditure incurred by the association shall be dealt with, or as the case may be, accounted for.