Notwithstanding that provision is made for sanitary, washing, bathing or other conveniences common to two or more apartments, the apartment shall be deemed to be separate and self-contained.

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.