Section 5 in West Bengal Apartment Ownership Act, 1972
5. Common areas and facilities.
(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration.(2)The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall not be altered [without the written consent of all the apartment owners, additions or alterations, if any, is to be expressed subsequently] [Inserted by section 3 of the West Bengal Apartment Ownership (Amendment) Act, 1996 (West Bengal Act 28 of 1996).] in an amended Declaration duly executed and registered as provided in this Act. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveyed or encumbered with the apartment even though such interest is not expressly mentioned in the conveyance or other instrument.(3)The common areas and facilities shall remain undivided, and no apartment owner or other person shall bring any action for partition or division of any part thereof, unless the property has been withdrawn from the provisions of this Act.(4)Each apartment owner may use the common areas and facilities for the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners.(5)The work relating to the maintenance, repair and replacement of the common areas and facilities and the making of any additions or improvement thereto shall be carried out in accordance with the provisions of this Act and the bye-laws made thereunder.(6)The Association of Apartment Owners shall have right, to be exercised by the Manager or the Board of Managers on behalf of the Association, with such assistance as the Manager or the Board of Managers, as the case may be, considers necessary, to have access to each apartment from time to time during reasonable hours, for the maintenance, repair and replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein to prevent any damage to the common areas and facilities or to other apartments.[ xxx ] [Sub-section (7) omitted by sectin 4 of the West Bengal Apartment Ownership (Amendment) Act 1998 (West Bengal Act No. 18 of 1998).]
