The Orissa Apartment Ownership Act, 1982
The Orissa Apartment Ownership Act, 1982
The Orissa Apartment Ownership Act, 1982, provides a legal framework for the ownership, transfer, and management of individual apartments within multi-storied buildings in the state. It mandates that apartment owners execute a formal "Declaration" to define their property rights and common areas. The Act establishes the formation of an "Association of Apartment Owners" to manage common facilities and expenses. It ensures that each apartment is treated as a separate, heritable, and transferable unit. By regulating these aspects, the Act protects buyers' rights, ensures accountability in building maintenance, and provides a clear mechanism for resolving disputes regarding common property and shared expenses.
- 1. Short title, extent and commencement
- 2. Application of the Act
- 3. Definitions
- 4. Member of a Co-operative Society deemed to be an owner in certain circumstances
- 5. An apartment to be transferable and heritable
- 6. Benamdar of an apartment to be deemed to be the real owner thereof
- 7. Common areas and facilities
- 8. Compliance with byelaws covenants, etc
- 9. Certain actions prohibited
- 10. Encumbrances against apartments removal from encumbrances and effect of part payment
- 11. Common profits and expenses
- 12. Contents of Declaration
- 13. The Declaration may be amended under such circumstances and in such manner as may be prescribed.
- 14. Suo motu action by the competent authority
- 15. Declaration etc., to be compulsorily registrable
- 16. Bye-laws and their contents
- 17. Functions of the Association to be discharged by the competent Authority in certain circumstances
- 18. Waiver of use of common area and facilities, abandonment of apartment
- 19. Separate assessment
- 20. Common expenses to be a first charge
- 21. Liability for unpaid common expenses
- 22. Disposition of property destruction or damage
- 23. Penalties
- 24. Powers to make rules
- 25. Act to be binding on apartment owners, tenants etc
- 26. Removal of doubts
PDF: pending for this language.