The Odisha Apartment Ownership Act ,1982 An overview

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Why this Act : Objective of the Act Mechanism to regulate ownership and use of common space and amenities Why this Act : Scarcity of Land in Urban Area High Land Price Growing Vertical construction of Houses

Apartment “Apartment” means the part of a property intended for any type of independent use including one or more rooms or enclosed space located on 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;

Common Areas and Facilities “common areas and facilities” unless otherwise provided in the declaration or in lawful amendments thereto, includes (i) the land on which the building is located and all easements, rights and appurtenances belonging to the land and the building; Government of Orissa Housing & Urban Development Department Published on National Portal of India www.india.gov.in 4 (ii) foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, life-escapes and entrances and exits of the building; (iii) the basements cellars, yards, gardens, parking areas, shopping areas, schools, garrages and storage spaces; (iv) the premises for the lodging of janitors or persons employed for the management of the property; (v) installation of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning, sewerage; (vi) elevators, tanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and installations existing for common use; (vii) such other community and commercial facilities as may be specially provided for in the declaration; and (viii) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use:

Apartments with Front Common Area

Property “property” means the land, the building, all improvements and structures thereon and the common areas and facilities and all easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection, therewith which have been or are intended to be submitted to the provisions of this Act.

Essential features Heritable Transferable Non-Division and Non-partition of Common Areas of Apartments Non- partition of the Land

Registration of Association Declaration before Competent Authority Bye-law Managing Committee General Body Registration of The Association of Apartment Owners by the Competent Authority

Functions of the Association Management Controls Expenses Voting for new body Association as a legal entity

Regulation Penalty Power to make rules Removal of Doubts

Present Scenario Registered Societies in place of Registered Associations Welfare Society in lieu of Owners Association Rarely , an Apartment Owner is aware of his rights before purchase. Common Assets are managed by the Land owner or Developer .

Real Estate (Regulation and Development) Act ,2016 Responsibility of the State Govt .for creating a Regulatory Body for redressal of the grievances of the purchasers Mandatory registration of Real Estate Developer and schemes. Maximum 10 % receipt before Agreement Clear pricing with expected date of delivery Fine and Imprisonment for cheating A reversal of Trend from ‘Seller is the King’ to ‘Customer is the King’

The Odisha Real Estate (Regulation and Development ) Rules 2017 (Draft) Constitution Of RERA Provision overview -------------------------------------- -------#####################-------- Way forward for Revenue Officers

Thank you shibnand@gmail.com 9437203301 Bhubaneswar Development Authority Bhubaneswar

LET’S GUESS IT RIGHT BAISHNAB BAIDEHI BIKASH BHRAMAR

LAND HELD Plot No. Kisam Area 21 Gharabari Ac 0.200 22 Sarada 1 23 Ac0.200 24 Sarada 25 Jalasaya Ac 4.000 The Role Playing : How to partition this holding to 2 shares

Possible guesses 1. Both the brothers get equal share from each plot 2. Each brother gets the share as per their mutual consent on each plot 3. Elder brother gets the higher share on the concept of Jyesthansa 4. Only four plots can be partitioned as per mutual consent , but the plot recorded as Jalasaya is not to be partitioned. This is to be held jointly.