Definitions

In this Act, unless the context otherwise requires,— (a) “apartment” means a part of the property intended for any type of independent use including one or more rooms or enclosed spaces located in one or more floors (or part or parts thereof) in a building, intended to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business or for any other type of independent use and with a direct exit to a public street, road, or highway or to a common area leading to such street, road or highway. Explanation.— For the purposes of this clause, an apartment shall be deemed to be intended for independent use notwithstanding that provision for sanitary, washing, bathing or other conveniences have been made as common for two or more apartments; (b) “apartment number” means the number, letter, or combination thereof designating the apartment in the Deed of Apartment ; (c) "apartment owner" means the person or persons owning an apartment and an undivided interest in the common areas and facilities or the limited common areas and facilities in the percentage specified in the Deed of Apartment and includes an outright purchaser or a hire purchase allottee of such apartment and undivided interest; (d) "Association of Apartment owners" means all of the apartment owners acting as a group in accordance with the by-laws; (e) "building" means a building containing five or more apartments or three or more floors and comprising a part of a property; (f) “bye-laws” means the bye-laws for the time being in force of the Society or Association of Apartment owners and includes an amendment of such bye-laws; (g) “committee” means the board or the governing body of the society or Association of Apartment owners to which the management of its affairs is entrusted: (h) “common areas and facilities” unless otherwise provided in the Deed of Apartment, means— (1) the land on which the building is located; (2) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, terrace, compound walls, fire escapes, wells, and sumps and entrances and exits of the building; (3) the basements, cellars, yards, gardens, parking areas and storage spaces; (4) the premises for the lodging of caretakers or persons employed for the maintenance of the property ; (5) Water supply, sewerage and drainage connections and the installations of central services such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning and incinerating; (6) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use; (7) automatic fire detecting and alarm facilities necessary to warn the occupants of the property of the existence of fire; (8) such other community and commercial facilities as may be prescribed; and (9) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use; (i) “common expenses” means, — (1) all sums lawfully assessed against the apartment owners by the society or the Association of Apartment owners ; (2) expenses of administration, maintenance, repair or replacement of the common areas and facilities or the limited common areas and facilities; (3) all legal expenses as may be incurred by the society or the Association of Apartment owners for the enforcement of lawful claims of Apartment owners; (4) expenses resolved as common expenses by the society or the Association of Apartment owners; and (5) expenses declared as common expenses by the provisions of this Act, or by the bye-laws; (j) “common profits” means the balance of all income, rents and revenues from the common areas and facilities or the limited common areas and facilities remaining after deduction of the common expenses; (k) "competent authority" means — (1) in relation to the society registered under the Tamil Nadu Co-operative Societies Act, 1983, the Regional Deputy Registrar of Co- operative Societies (Housing) having jurisdiction over the area; or (2) in relation to the society registered under the Tamil Nadu Societies Registration Act, 1975, the Registrar as defined in clause (i) of Section 2 of that Act; (3) in relation to the Association of Apartment owners — (A) the Regional Deputy Registrar of Co-operative Societies (Housing) having jurisdiction over the area; or (B) the Registrar as defined in clause (i) of Section 2 of the Tamil Nadu Societies Registration Act, 1975, having jurisdiction over the area with whom the bye-laws of the Association of Apartment owners have been filed under this Act; (l) “date of the commencement of the Act” in relation to any area means the date appointed by the notification issued under sub-section (3) of Section 1 in relation to such area; (m) “Deed of Apartment” means a deed of apartment executed in pursuance of Section 5; (n) “Government” means the State Government; (o) “limited common areas and facilities” means those common areas and facilities designated in the Deed of Apartment as reserved for the use of certain apartment or apartments to the exclusion of the other apartments; (p) “person” includes an individual, an undivided Hindu family, a firm, a company or an association or a body of individuals whether incorporated or not; (q) “property” means the land, the building, all improvements, and structures thereon, and all easements, rights and appurtenances belonging thereto; (r) “Society” means – (i) a society registered under the Tamil Nadu Co-operative Societies Act, 1983 ; or (ii) a society registered under the Tamil Nadu Societies Registration Act, 1975.