Andhra Pradesh Apartment Ownership Act – Know Your Legal Terms
Apartment, Apartment Management, Apartment Owners Association, Articles, Hyderabad, Legal andhra pradesh apartment act, andhra pradesh apartment ownership act, apartment association, legal terms
What is the Andhra Pradesh Apartment Ownership Act?
The Andhra Pradesh Apartment Ownership Act provides regulations that monitor that promotion and ownership of apartments in the state, and this act has been active since 1987. Knowing all the laws mentioned in the act can be a very hard task, but to make sure that you understand what all the definitions and meanings imply and to prepare yourself for any legal procedures that you might face (even for registering your apartment), you can go through the basic definitions that are provided in this act.
Why do you need to know about the Andhra Pradesh Apartment Ownership Act?
Learning about these contextual definitions can help you stay in the same wavelength when you consult a lawyer. This can also come in handy because you can verify any differences that you may have with your builder regarding the project. Many conflicts arise when builders stray away from the established floor plan and start including new structures in the agreed design.
Some builders may also try and lease out common areas in the apartment complex, like the swimming pool and the parking lot, to other third parties. You can easily take legal action in all these instances, provided you know all about the Andhra Pradesh Apartment Ownership Act first.
Some Basic Definitions Involved:
- Apartment – Under the Andhra Pradesh Apartment Ownership Act, an apartment is given as a part of property that has one or more rooms separately constructed as a unit in the overall building. This enclosed space can be used for residential purposes, for commercial or office purposes or for any other form of independent use. The enclosed unit should also have an exit that leads to public areas like streets or roads or to a common area that is shared.
- Association of Apartment Owners – There are separate byelaws that take care of the formation of an apartment association and its constituting members. The Andhra Pradesh Apartment Ownership Act defines an apartment association as a group all apartment owners.
- Building – A structure that has five or more apartments or two structures that have more than two apartments each can be classified as a building, according to the Andhra Pradesh Apartment Ownership Act.
- Common Areas – Common areas in an apartment are mentioned in the Declaration. The Andhra Pradesh Apartment Ownership Act includes basements, gardens, cellars, parking areas, main walls, terraces, halls, stairways, corridors, entrances, exits and lobbies, and the entire space of land used during construction under the definition of common areas in an apartment complex.
- Property – The overall expanse of land used, the common areas and the buildings together constitute the ‘property’.
- Limited Common Areas – The common areas which can be used only by a particular section of the apartment complex are described as the limited common areas.
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This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.
I have purchased a flat (each floor having 3 flats) one side two apartments and other side one apartment. Mine is middle one. at the time of purchasing, builder told me wardrobe is common for all the three flats but later one flat erected a gate (the wardrobe approached to road side). due to erection of gate, we cannot to that side and cannot a call a vendor etc. Now builder says,the flat was sold to them including common area and you have not right to approach to that side. I will like to know solution for my problem.
Kind regards
Hi this pavan
I am working as general secretary in 500 apts township. here we have common water supply system. rest of normal. so many peoples are not paying maintanace charges regulary. such case what I can take action. y because society providing services unable to stop to them due common supply water we can’t stop it for singly flat. so here we have the source to disconnect the his flat power supply. can you confirm it society have the right to disconnect his flat power supply if he not paying maintenance charges?
why because we don’t have any source to stop common services to him only.
so please give the solution for us.
regds
Pavan
Hi
Is there any law which supports 50% of maintance charge to be levied for unoccupied flats by the flat association.
Pls help. Our association charges 2500/month. Eventhough it is not occupied.
Please help…
Regards
Shekar
@Shekar, please refer the non-occupancy charges section on our blog post on how to divide common expenses among flats –
For flats that are occupied, the association can collect upto 10% of maintenance charges as “Non-Occupancy” Charges. Please note that this is on top of your maintenance charges. For example if your maintenance charges per month are Rs. 4000/- society can ask you to pay 4000 + 400 (10% of maintenance).
I have bought a flat in Majestic Towers. Vizag. It is good one with a club house, gym and a swimming pool and some tot lot areas. The problem is it is built in 4 different blocks in four different shapes Block A and Block B have a open to sky set back area of 27 ft. Which is being used for functions and kids play with lot of noise everyday and functions occasionally
I bring to your notice that two of our apartment owners have not paying the maintainace for the last four months .It is not possible to disconnect water due to some practical problems Is it possible for us to disconnect power suply to them? kindly clarify.
Dear Sir,
I am one of the flat owner of the apartment, I am at top floor & facing the problem in rain season leaking the water from the slab. in spite of no. of reminder our president and remember not supported to repair the slab.
Please suggest me to overcome my problem any legal step.
waiting for the reply.
Thanks& Regards
Dhanunjaya Reddy
May be read as allowed to take possession in place of allot to take position.
I have a flat in hyderabad. The overhead tank is located above my flat. Due to leakage of water in overhead tank water is seeping through outside surface of walls to inside n spoiling wall finishes. The acting secretary is not taking any action inspite of requests by me. Pl suggest course of action including legal remedies available for arresting further leakages n compensation for damages.
I am the president of an apartment association in hyderabad . There are 59 flat owners in our association. The cellar area is not sufficient to give parking space to allow free car parking to each flat owner. The builder provided space only for parking of 2 wheeler vehicles. Now, if there are some owners having cars, are we allowed to charge car parking charges . does the andhra pradesh owners act make provision to associations to charge car parking.