Section 3 in The Orissa Apartment Ownership Act, 1982
3. Definitions.
- In this Act, unless the context otherwise require-(a)"apartment" means the part of a property intended for any type of independent use including one or more rooms or enclosed space located on one or more floors (or part or parts thereof) in a building intended to be used for residence, office, practice of any profession or for carrying on any occupation, trade or business or for any other type of independent use and with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway;(b)"apartment number" means the number, letter or combination thereof designating the apartment in the declaration;(c)"apartment owner" means the person or persons owning an apartment and an undivided interest in the common areas and facilities in the percentage specified and established in the declaration;(d)"Association of Apartment Owners" means an association of apartment owners formed and acting as a group in accordance with the provisions made in the bye-laws and the declaration;(e)"building" means a multi-storeyed building containing two or more Departments;(f)"common areas and facilities" unless otherwise provided in the declaration or in lawful amendments thereto, includes-(i)the land on which the building is located and all easements, rights and appurtenances belonging to the land and the building;(ii)foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stairways, life-escapes and entrances and exits of the building;(iii)the basements cellars, yards, gardens, parking areas, shopping areas, schools, garrages and storage spaces;(iv)the premises for the lodging of janitors or persons employed for the management of the property;(v)installation of common services, such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning, sewerage;(vi)elevators, tanks, pumps, motors, compressors, pipes and ducts and in general all apparatus and installations existing for common use;(vii)such other community and commercial facilities as may be specially provided for in the declaration ; and(viii)all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use :(g)"common expenses" means-(i)all sums lawfully assessed against the apartment owner by the Association of Apartment Owners or by the Competent Authority;(ii)expenses of administration, maintenance, repair or replacement of the common areas and facilities;(iii)expenses agreed upon as common expenses by the Association of Apartment Owners;(iv)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 common expenses;(i)"Competent Authority" means in relation to buildings constructed by a Housing Board, Improvement Trust, Development Authority or a Company, such officer not below the rank of a, Deputy Collector as may be appointed by the State Government by notification;(j)"Declaration" means the instrument by which the property is submitted to the provisions of this Act, and such declaration as from time to time may be lawfully amended;(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 joint in possession or residence;(l)"limited common areas and facilities" means those common areas and facilities which may be designated in the declaration as reserved for use of certain apartment or apartments to the exclusion of the other apartments;(m)"majority" or "majority of apartment owners" means the apartment owners with fifty-one per cent 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 rules made under this Act;(p)"property" means the land, the building, all improvements and structures thereon and the common areas and facilities and all easements, rights and appurtenances belonging thereto and all articles of personal property intended for use in connection, therewith which have been or are intended to be submitted to the provisions of this Act.
