Section 3 in The Haryana Apartment Ownership Act, 1983
3. Definitions.
- In this Act, unless the context otherwise requires, -(a)[ "apartment" means a part of a property, intended for any type of independent use, including building having one or more rooms with enclosed spaces located on one or more floors or any part or parts thereof, to be used for residence, office or for practicing any profession or for carrying on any occupation, trade, business or manufacturing or other uses relating to Information Technology or for such other type of independent use, as may be prescribed, with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway and includes any garage or room (whether or not adjacent to the building in which such apartment is located) provided by the colonizer/owner of such property for use by the owner of such apartment for parking any vehicle or for the residence of any person employed in such apartment, as the case may be. [Substituted vide Haryana Act No. 10 of 2002.]Explanation. - For the purpose of this clause as "colonizer" shall have the same meaning assigned under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975)](b)"apartment owner" means the person or persons owning an apartment and undivided interest in the common areas and facilities in the percentage specified and established in the declaration;(c)"apartment number" means the number, letter or combination thereof designating the apartment in the declaration;(d)"association of apartment owners" means all the apartment owners acting as a group in accordance with the bye-laws and the declaration;(e)"building" means a building containing five or more apartments or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such buildings and comprising a part of the property;(f)"common areas and facilities" unless otherwise provided in the declaration or lawful amendments thereto, means -(1)the land on which the building is located;(2)the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair ways, fire escapes and entrances and exits of the building;(3)the basements, cellars, yards, gardens, parking area and storage spaces;(4)the premises for the lodging of janitors or persons employed for the management of the property;(5)installation 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)such community and commercial facilities as may be provided for in the declaration; and(8)all other parts of the property necessary or convenient to its existing maintenance and safety or normally in common use;(g)"common expenses" means -(1)all sums lawfully assessed against the apartment owners by the association of apartment owners;(2)expenses of administration, maintenance, repair or replacement of the common areas and facilities;(3)expenses agreed upon as common expenses by the association of apartment owners;(4)expenses declared as common expenses by the provisions of this Act, or by the declaration or the bye-laws;(h)"common profits" means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses;(i)[ "competent authority" means Chief Administrator, Haryana Urban Development Authority in respect of the Area developed by the said Authority constituted under sub-section (1) of section 3 of the Haryana Urban Development Authority Act, 1977 (13 of 1977) till maintenance of that area remains with the said Authority, Director, Urban Development Department, Haryana, in respect of the other area falling within the municipal limits and Director, Town and Country Planning Department, Haryana in respect of the other area falling outside the municipal limits and includes a person for the time being appointed by State Government, by notification, to exercise and perform all or any of the powers and functions of the competent authority under this Act and the rules made thereunder;] [Substituted vide Haryana Act No. 10 of 2002.](j)[ "declaration" means the instrument to be executed and got registered in the prescribed form and includes the amended declaration;] [Substituted vide Haryana Act No. 10 of 2002.](jj)[ "flatted factories" means a group of small industrial units located in multi-storeyed buildings sharing common services and facilities and having their undivided share in the land; [Clause (jj) and (jjj) added vide Haryana Act No. 10 of 2002.](jjj)"integrated commercial complex" means building(s) containing apartments sharing common services and facilities and having their undivided share in the land and meant to be used for office or for practising any profession or for carrying on any occupation, trade, business or such other type of independent use as may be prescribed;](k)"joint family" means an undivided Hindu family and in the case of other persons, a group or unit, the members of which are by custom jointly in possession or residence;(l)"limited common areas and facilities" means those common areas and facilities designated in the declaration and reserved for use of certain apartment or apartments to the exclusion of other apartments;(m)"majority" or "majority of apartment owners" means the apartment owners with 51 per cent or more of the votes in accordance with the percentage assigned in the declaration to the apartments for voting purposes;(n)"person" includes a joint family;(o)"prescribed" means prescribed by the rules made under this Act;(p)"property" means the land, the building, all improvements and structures thereon, owned in free hold or held on lease or as occupant under any law relating to land revenue and all easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection therewith [-] [The words 'which have been or are intended to be submitted to the provisions of this Act' omitted vide Haryana Act No. 10 of 2002.].
