Kerala Apartment Ownership Act and Rules

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Description
The first edition of this book was out of print sometime ago. Now, thoroughly revised second edition is brought out. Subsequent to the first edition, the Central legislation, viz., The Real Estate (Regulation and Development) Act, 2016 came into force. The Kerala Government has made necessary rules called The Kerala Real Estate (Regulation and Development) Rules, 2018, and established the Real Estate Regulatory Authority. The Real Estate Regulatory Authority has made necessary regulations thereunder called the Kerala Real Estate Regulatory Authority (General) Regulations, 2020. Thus, the Central legislation is in force. Necessary changes and additions necessitated and section-wise commentaries are included in the second edition. We hope that the readers will find the book more useful. In the first edition, it was highlighted that submission to the provisions of the Apartment Ownership Act, 1983, by the apartment owners is only optional and not mandatory. Now, Section 13 of the Real Estate (Regulation and Development) Act, 2016 provides that "A promoter shall not accept a sum more than ten per cent of the cost of the apartment, plot or building, as the case may be, as an advance payment or an application fee from a person without first entering into a written agreement for sale, under any law for the time being in force". In the Kerala Rules, Rule 10 thereof provides that the agreement shall be in the form in Annexure 'A' appended to the Rules. One of the Terms, viz., Term 20 reads: "The promoter has assured the allottees that the project in its entirety is in accordance with the provisions of the Kerala Apartment Ownership Act, 1983 (5 of 1984)". Thus, now, once an agreement for sale as is required is duly written and registered between the promoter and the allottee, the promoter will be bound to abide by the provisions of the Kerala Apartment Ownership Act, 1983.
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Table of Contents
Part I : Kerala Apartment Ownership Act, 1983
Part II : Kerala Apartment Ownership Rules, 1994
Part III A : Relevant Sections From Other State Apartment Ownership And Regulatory Acts
Part III B : Relevant Provisions From Other Acts
Part IV : Notifications
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Author Details
Sri. A. Sivamani Kaimal, Advocate Kottayam
Sri. Ranjit S. Kaimal, Advocate, High Court of Kerala