1. The Odisha Apartment Ownership Act ,1982
An overview

2. B

3. Why this Act : Objective of the Act
Mechanism to regulate ownership and use of common space and amenities
Why this Act :
Scarcity of Land in Urban Area
High Land Price
Growing Vertical construction of Houses

4. Apartment
“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;

5. Common Areas and Facilities
“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; Government of Orissa Housing & Urban Development Department Published on National Portal of India 4
(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:

6. Apartments with Front Common Area

7. Property
“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.

8. Essential features Heritable Transferable
Non-Division and Non-partition of Common Areas of Apartments
Non- partition of the Land

9. Registration of Association
Declaration before Competent Authority
Bye-law
Managing Committee
General Body
Registration of The Association of Apartment Owners by the Competent Authority

10. Functions of the Association
Management
Controls
Expenses
Voting for new body
Association as a legal entity

11. Regulation
Penalty
Power to make rules
Removal of Doubts

12. Present Scenario
Registered Societies in place of Registered Associations
Welfare Society in lieu of Owners Association
Rarely , an Apartment Owner is aware of his rights before purchase.
Common Assets are managed by the Land owner or Developer .

13. Real Estate (Regulation and Development) Act ,2016
Responsibility of the State Govt .for creating a Regulatory Body for redressal of the grievances of the purchasers
Mandatory registration of Real Estate Developer and schemes.
Maximum 10 % receipt before Agreement
Clear pricing with expected date of delivery
Fine and Imprisonment for cheating
A reversal of Trend from ‘Seller is the King’ to ‘Customer is the King’

14. The Odisha Real Estate (Regulation and Development ) Rules 2017 (Draft)
Constitution Of RERA
Provision overview
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Way forward for Revenue Officers

15. Thank you shibnand@gmail.com 9437203301
Bhubaneswar Development Authority
Bhubaneswar

16. LET’S GUESS IT RIGHT
BAISHNAB
BAIDEHI
BIKASH BHRAMAR

17. LAND HELD Plot No. Kisam Area 21 Gharabari Ac 0.200 22 Sarada 123
Ac0.200 24
Sarada 25
Jalasaya
Ac 4.000
The Role Playing : How to partition this holding to 2 shares

18. Possible guesses 1. Both the brothers get equal share from each plot
2. Each brother gets the share as per their mutual consent on each plot
3. Elder brother gets the higher share on the concept of Jyesthansa
4. Only four plots can be partitioned as per mutual consent , but the plot recorded as Jalasaya is not to be partitioned. This is to be held jointly.