developer on 26.4.2012 to hold elections expeditiously and to hand over common facilities to apartment owners under the U.P. Apartment Act, 2010. The petitioner ... common undivided open park areas for construction of new building. The undivided open park area comes under the definition of the common areas and facilities
common area to which it has access, and any other data necessary for its proper identification, vi) description of the common areas and facilities ... apartment owners, particularly, in common areas and amenities provided in the multi-storeyed building complex. The common areas and facilities have been defined in Section
common expenses; (o) resignation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities; (p) restrictions with regard ... such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting
persons owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed ... Apartment Owners; (l) “common profits” means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction
deals with the sharing of common profits and expenses in common areas and facilities and the same is reproduced here under:
"19. Common profits ... provide amenities in the common interest of all apartment owners;
(b) to maintain, repair and replacement of common areas and facilities.
(c) to impose restrictions
Apartment Owners, (l) "Common profits" means the balance of all income, rents profits and revenues from the common areas and facilities remaining after the deduction ... such lease for the reduction of the common expenses for maintaining the building, common areas and facilities, and if any surplus is left after meeting
property as such. 13. Common profits and expenses.
- The common profits of the property shall be distributed among and the common expenses shall be charged ... apartment owners their share of the common expenses; (g) maintenance, repair and replacement or the common areas and facilities and payments therefor; (h) any other
existence, maintenance and safety, or normally in common use;
.......................
(q) "limited common areas and facilities" means those common areas and facilities which ... promoter take common passage/lobbies or say stair case or RG area out of purview of `common areas and facilities' by not prescribing
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10. Common profits and expenses: The
common profits of the property shall be
distributed among and the common
expenses shall be charged ... common use and not covered by the
definition of 'apartment' had to be covered by either
'common areas and facilities
following facilities/assets created for LAPL Unit -1 and Unit - 2 or for Unit
- 1 or Unit - 2 are being used or shall be used ... other was that "Petitioner has not provided details of common facilities".
Another objection was that "Petitioner has not furnished details of infirm
