common areas' and
8
`limited common areas' while MAOA does define these terms
and parking spaces thereunder are `common areas and
facilities ... premises, the nature extent and
description of the common/limited common areas and
facilities/limited common areas and facilities which are
more particularly described
that the apartment owners are entitled to
undivided interest in common areas and common facilities under Section
6 of the Apartment Act and would ... convey its right,
title and interest in the said site, common area and common facilities
in favour of the co-operative society or limited company
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
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
xxxx xxxxx
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
common amenities and facilities like
compound, staircase and other facilities, which may be there
including the terrace in common and nobody can claim ... safety, or normally in common use;"
Moreover,
Section 21(1) of the said Act refers to common areas and facilities
and provides that
general all apparatus and installations existing for common use;
(vii) such other common areas and community facilities as may be specified in the bye-laws ... 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
common area to which it
has access, and any other data necessary for its
proper identification;
(d) description of the common areas and facilities ... common expenses;
(h) designation and removal of persons employed for
the maintenance, repair and replacement of the
common areas and facilities;
(i) the method
normally in common use ;"
20. Every apartment owner becomes entitled to an undivided interest
in the common areas and facilities in the percentage expressed ... common
area to which it has access, and any other data necessary for its proper
identification ;
(d) Description of the common areas and facilities
