KARNATAKA APARTMENT OWNERSHIP RULES, 1975[1]

PREAMBLE

Whereas, the draft of the Karnataka Apartment Ownership Rules, 1974 which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of Section 25 read with sub-sections (3) and (4) of Section 13 of the Karnataka Apartment Ownership Act, 1972 (Karnataka Act 17 of 1973) was published in Notification No. DPC 334 DHB 73(2), dated 21st October, 1974 in the Karnataka Gazette, Extraordinary, Part IV, Section 2-C(i), dated 23rd October, 1974 inviting objections and suggestions from all the persons likely to be affected thereby on or before 25th November, 1974;

And whereas, the said Gazette was made available to the public on 23rd October, 1974;

And whereas, no objections or suggestions have been received on the said draft by the State Government;

Now therefore, in exercise of the powers conferred by sub-section (1) of Section 25 read with sub-sections (3) and (4) of Section 13 of the Karnataka Apartment Ownership Act, 1972 (Karnataka Act 17 of 1973), the Government of Karnataka hereby makes the following rules, namely.--

Rule - 1. Short title and commencement.

(1)     [2][These rules may be called the Karnataka Apartment Ownership Rules, 1975.]

(2)     They shall come into force at once.

Rule - 2. Definitions.

In these rules, unless the context requires otherwise.

(a)      "Act" means the Karnataka Apartment Ownership Act, 1972 (Karnataka Act 17 of 1973);

(b)      "Declaration" means the Declaration executed and registered as required by Section 2;

(c)      "Form" means a form appended to these rules;

(d)      "Section" means a section of the Act.

Rule - 3. Declaration under Section 2.

The Declaration to be executed and registered under Section 2 shall be in Form A.

Rule - 4. Declaration under Section 5(2).

(1)     The Declaration to be executed by each apartment owner under sub-section (2) of Section 5 shall be in Form B.

(2)     The Declaration shall be signed by the apartment owner and verified in the presence of a Magistrate or any other person competent to administer oath and shall be filed with the competent authority within thirty days from the date of its execution or within such longer period as the authority may permit.

Rule - 5. Conveyance of Apartments.

All transfers of apartment by the sole owner or all the owners of the property being an owner or owners who has or have executed and registered the Declaration under Section 2 to an apartment owner and subsequent transfers from an apartment owner to his transferee shall be by a Deed of Apartment.

Rule - 6. Parties to Deeds of Apartments.

In the case of the first Deed of Apartment, the party of the first part shall be either the sole owner or all the owners of the property who has or have executed and registered the Declaration under Section 2 and the party of the second part shall be the apartment owner. In the case of subsequent Deeds of Apartment, the party of the first part shall be the apartment owner and the party of the second part shall be his transferee.

Rule - 7. Contents of Deeds of Apartment.

(1)     The first Deed of Apartment shall be accompanied by a copy of the relevant floor plans of the building field under sub-section (2) of Section 13 and by a certificate of an architect certifying that the said floor plan shows the number and dimensions of the apartment being conveyed and of the immediately adjoining apartments and that said floor plan fully and accurately depicts the layout of the apartment, its location, dimensions, approximate area, main entrance, common areas and facilities and limited common areas and facilities, if any, to which it has access as built.

(2)     The first and every subsequent Deed of Apartment shall also include the following particulars, namely.

(a)      description of the land as provided in Section 11 or the post office address of the property, including, in either case, the book, page and date of executing the Declaration, the date and serial number of its registration under the Registration Act, 1908, and the date and other reference, if any, of its filing with the competent authority;

(b)      the apartment number of the apartment in the Declaration and any other data necessary for its proper identification;

(c)      statement of the use for which the apartment is intended and restrictions on its use, if any;

(d)      the percentage of undivided interest appertaining to the apartment in the common areas and facilities;

(e)      any further details which the parties to the Deed may deem desirable to set forth consistent with the Declaration and the Act.

(3)     The provisions of this rule may be given effect to by referring to the relevant provisions made in the Declaration for the purpose of avoiding repetition of those relevant provisions in the Deed of Apartment.

(4)     The apartment owner shall file a true copy of every Deed of Apartment to which he is a party in the office of the competent authority within thirty days from the date of its execution.

Rule - 8. Form of Book under Section 13(3) and of Index thereto.

(1)     The Register of Declarations and Deeds of Apartments for the purpose of sub-section (3) of Section 13 shall be in Form C.

(2)     The index to such Register shall be in Form D.

Rule - 9. Form of Memorandum under Section 13(4).

The memorandum required to be filed by the Manager or Board of Managers for the purpose of sub-section (4) of Section 13 shall be in Form E.