Bhubaneswar: As the Assembly is not in session, the state government has brought the much-awaited Odisha Apartment (Ownership & Management) Bill, 2023, through ordinance route.
The Law department has notified the Odisha Apartment (Ownership and Management) Ordinance, 2023, which strives to consolidate the law relating to ownership of an apartment in a building with an undivided interest in the common areas and facilities.
Under the ordinance, which will replace Orissa Apartment Ownership Act 1982, common areas such as corridors, staircases, lifts, play areas and entire land of apartments will be registered in the name of the buyers’ associations.
The provisions of the ordinance will be applicable to all apartments and buildings converted to apartments and projects on both freehold and leasehold lands will come under its purview.
The ordinance also makes it mandatory for the promoter as well as allottees of a real estate/apartment project to form ‘association of allottees’ – a body that will administer the affairs of the apartment project or property including the common areas and facilities in accordance with the provision of the proposed act. The association will be formed immediately after booking of seven apartments or 50 percent of the apartments of a project, whichever is lower, and its forming will be a joint responsibility of the promoter and the allottees/owners.
The promoter has to submit a declaration to the competent authority in respect of the building, whether constructed before or after the commencement of this ordinance, within 30 days of issue of occupancy certificate, in such form and manner as may be prescribed.
The promoter will have to rectify any structural defect or other defect in workmanship, quality or provision of services or any other obligations without further charge, within a period of five years from handing over of possession to the allottee.
As per the ordinance, the promoter will maintain the common area and facilities till the association of allottees is formed in accordance with the condition laid down and shall be entitled to levy proportionate maintenance charge as specified in the declaration.
PNN