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State of Madhya Pradesh - Section

Section 26 in The M.P. Prakoshtha Swamitva Adhiniyam, 2000

26. Common profits, common expenses and other matters.

(1)The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners, according to the percentage of their undivided interest in the common areas and facilities.
(2)Where an apartment owner is not in the occupation of his apartment, the common expenses payable by such apartment owner may be recovered from the person in the occupation of the apartment, whether or not such person holds a tenancy, lease, licence or agreement from the apartment owner or is purchaser, grantee, legate or other transferee.
(3)The apartment owner, or the person in occupation as the case may be, is liable to pay the common expenses, irrespective of whether or not the deed of apartment or the endorsement thereon has been executed under sub-section (1) or (4) and registered under Section 17, or the certified copy of the deed of apartment has been delivered to the apartment owner, or as the case may be, the transferee.
(4)In respect of apartments not yet allotted, sold or otherwise transferred, the promoter, who shall be an associate member of the association, shall be liable to pay the common expenses, as if he is a person in occupation of such apartment. The promoter shall not be liable to the association or to the Government or the local authority, for any dues accrued in respect of an apartment after the possession is handed over.
(5)the promoter may collect amounts from the apartment owners before the formulation of the association, towards the common expenses or towards the sinking fund for replacement of fixed assets or for payment of Government or municipal taxes or stamps duty or registration fees for the deed of apartment or other conveyance. The promoter shall be liable to account for such amounts and shall within three months of the formulation of the association, transfer the surplus amount in his hands to the association or to the apartment owners, as the case may be.