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State of Odisha - Section

Section 12 in The Orissa Apartment Ownership Act, 1982

12. Contents of declaration.

(1)The declaration referred to in Section 2 shall be submitted in such form and in such manner and within such period as may be prescribed and shall contain the following particulars, namely :
(a)description of the land on which the building and the improvements are or are to be located and whether the land is freehold or leasehold;
(b)description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be constructed;
(c)the apartment number of each apartment, and a statement of its location, approximate area, number of rooms, immediate common area to which it has access, and any other date necessary for its proper identification;
(d)description of the common areas and facilities;
(e)description of the limited common areas and facilities, if any, stating to which apartments their use is reserved ;
(f)value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting; and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the declaration;
(g)statement of,the purposes for which the building and each of the apartments are intended and restricted as to use;
(h)the name of the person to receive service of process in the cases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town or village in which the. building is located;
(i)provision as to the percentage of votes by the apartment owners, which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all of part of the property;
(j)the method by which the declaration may be amended, consistent with the provisions of this Act;
(k)any other details in connection with the property which the persons executing the declaration may claim desirable to set forth consistent with this Act.
(2)A true copy of each of the declaration and bye-laws and all amendments to the declaration or the bye-law shall be filed in the office of the competent authority. The declaration may be amended under such circumstances and in such manner as may be prescribed.