Section 3 — Definitions.

3. Definitions.- In this Act, unless the context otherwise requires,-    

(a)  "apartment" means a part of the property having a direct exit  to 

a road, street or highway or to a common area leading to  such 

road,  street or highway which together with its undivided 

interest  in the common areas and facilities forms an 

independent residential  unit;  

(b)  "association of apartment owners" means the association 

formed  in accordance with the provisions made in the 

bye-laws;    

(c)  "building" means a building containing two or more apartments  

or  more than one building each containing two or more 

                                                 
1. For the Statement of Objects and Reasons see R. H. P. Extra., dated 16-9-1978, P. 

1206. For its Authoritative Hindi text see R.H.P. Extra., dated 1.6.1998, p. 1993-

2001. 



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apartments  comprised in the same property;    

(d)  "common areas and facilities" includes-    

(1)  the land on which the building is located and all 

easements,  rights and appurtenances belonging to the 

land and the  building,    

(2)  the foundations, columns, girders, beams, supports, main 

walls,  roofs, halls, corridors, lobbies, stairs, stair-ways, 

fire-escapes  and entrances and exits of the building,    

(3)  the easements, cellars, yards, gardens, parking areas,  

shopping centres, schools, garages and storage spaces,    

(4)  the premises for the lodging of janitors or persons 

employed  for the management of the property,    

(5)  installations of common services, such as power, light, 

gas, hot  and cold water, heating, refrigeration, 

air-conditioning,  sewerage, etc.,    

(6)  the elevators, tanks, pumps, motors, compressors, pipes 

and  ducts and in general all apparatus and installations 

existing  for the common use,    

(7)  such other common facilities as may be specially 

provided for  in the declaration, 

(8)  all other parts of the property necessary or convenient to 

its  existence, maintenance and safety, or normally in 

common  use;    

(e)  "common expenses" means expenses of administration, 

maintenance,  repair or replacement of the common areas and 

facilities and all  other sums assessed against the apartment 

owners by the association  of apartment owners;    

(f)  "common profits" means the balance of all income, rents, 

profits  and revenues from the common areas and facilities 

remaining  after the deduction of the common expenses;    

(g)  "competent authority" means the estate manager as notified by 

the  Housing Department of the Government of Himachal 

Pradesh;    

(h)  "declaration" means the instrument by which the property is 

submitted to the provisions of this Act as hereinafter provided;  

(i)  "limited common areas and facilities" means those common 

areas  and facilities which may be designated in the declaration 

as reserved for use of certain apartment or apartments to the 

exclusion of  other apartments;    



 H.P. APARTMENT OWNERSHIP ACT, 1978 4 
 

(j)  "owner" in relation to a property or part thereof or an apartment,  

includes, for the purposes of this Act excepting the provisions 

of  sub-section (1) of section 5 thereof, a lessee of such property 

or  part or of such apartment, where the lease is for a period of 

twenty  years or more;    

(k)  "prescribed" means prescribed by rules made under this Act; 

and  

(l)  "property" comprises the land, the building and the common 

areas  and facilities.