APARTMENT LIVING – A few milestones crossed
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Joyalukkas Gold Tower Vazhakkala, the first property to be submitted to the Kerala Apartment Ownership Act 1983 A prelude Protection of Apartment Ownership Rights is fundamental for a peaceful apartment living. A corresponding duty is constitutionally distributed among the central and state governments. The Real Estate (Regulation and Development) Act 2016, passed by the Union, and the apartment ownership laws enacted by the states formed the basis of the legal infrastructure. It is trite that both can coexist, however, a few states in the country fell into a pitfall, due to poor draftsmanship, and Kerala was no exception. The Kerala Experience The provision regarding the application of the ownership law [i] gave room to various types of interpretations. The provision required “ …the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and registering a declaration …” . The combined e...