Odisha Apartment Ownership and Management Act 2023

Odisha Apartment Ownership Act, 2023 is a new set of laws that govern administration of apartments in Odisha. The Odisha Apartment Ownership Act, 2023 replaces Odisha Apartment Ownership Act, 1982, rather than amending it. The 2023 Act brings in a new framework, aligning it with RERA. The Odisha Apartment Ownership Act, 2023 is applicable to all residential and commercial apartments. However, it does not apply to standalone houses or individual properties.

Objectives of Odisha Apartment Ownership and Management Act 2023

• Odisha Apartment Ownership and Management Act, 2023 modernises the previous legal framework for apartment ownership.
• This Odisha Apartment Ownership Act aims to bring transparency in the real estate sector. 
• This Apartment Ownership Act of Odisha clarifies ownership rights and responsibilities of associations and promoters.
• It offers a good framework for management of common areas.

Key Features of Odisha Apartment Ownership and Management Act 2023

• Odisha Apartment Ownership and Management Act, 2023 mentions clear definitions of ‘apartment’, ‘promoter’, ‘Association of Allottees’ and ‘common areas’.
• This Act mentions rights and duties of apartment owners and their roles in maintenance and AOA activities.
• Odisha Apartment Ownership Act states various steps for management of common areas.

Benefits of Odisha Apartment Ownership Act, 2023 

• Odisha Apartment Ownership Act, 2023 provides a clear idea of apartment ownership and the use of common areas.
• Apartment Ownership Act of Odisha ensures that owners are getting to enjoy their living environment.
• Odisha Apartment Ownership and Management Act, 2023 offers legal protection to property owners. 
• The Act helps property owners by providing clear directions for AOA participation and activities.
• These laws can assist a property owner with sale and transfer of apartments.
• This Ownership Act provides necessary instructions on formation of Association of Allottees.
• It provides authority to owners to make collective decisions on maintenance of common areas.
• The Act guides the association to maintain a well-managed community. It leads to an increased value of the apartments. 

Who is The Owner of The Apartment?

According to the Odisha Apartment Ownership Act, 2023, anyone to whom an apartment is sold, allotted or transferred by a promoter. Owners will have exclusive ownership of the property and access to common areas and various facilities. They are allowed to transfer their apartments using sale, lease, mortgage, gift and exchange. 

Documents That Promoters Will Need For the Transfer

• Occupancy certificate
• Odisha RERA registration certificate
• Apartment owners’ registration or AOA certificate
• Registered declaration

Things to Know About The Declaration

Who Can Submit the Declaration?

• Promoters must submit the declaration to the Competent Authority
• The AOA can tender the declaration if the promoter fails to do so.

What Should The Declaration Contain?

• Details of the land. Whether it is freehold or leasehold.
• Approval of the project plan by the Competent Authority.
• Breakdown of common areas and facilities (percentage ownership).
• Mode of undivided interest calculation in common areas.
• Rules on modifications and transfer of ownership.

Responsibilities of Promoters under Odisha Apartment Ownership Act 2023

Odisha Apartment Ownership Act, 2023 lays down specific guidelines for promoters. Some of them are:

• Handing over documents like lease certificates, approved plans, insurance papers, etc.
• Transferring unpaid amounts received from allottees, advance, security deposits, etc.
• Rectifying structural flaws or any kind of similar defects.
• Taking care of common areas and facilities till the Association of Allottees comes into formation.

Duties of Apartment Owners under Odisha Apartment Ownership Act 2023

Apartment owners form an association and ensure proper maintenance of the building. These are some of their duties:

• To follow the bye-laws made by the Association of Allottees.
• They can use common areas and other facilities according to the AOA approved bye laws.
• The owners are not supposed to encroach on the rights of the others.
• To avoid improper use of service areas and the basement. However, they can use the parking space for its actual purpose. 
• Individual owners are responsible for the maintenance of their apartments.
• No one has the permission to make any alteration to the property except minor internal modifications.
• They must take care of the walls, drains and pipes of their respective apartments. 
• No one has the right to put up any kind of sign-board or publicity material in common areas.
• People are not supposed to change the paint of the exterior part of windows or outer walls. They require a written approval from the AOA for this purpose.

Things You Need to Know About The Association of Allottees

• The formation of an Association of Allottees is mandatory to carry out responsibilities as mentioned under RERA and this Act. 
• The promoters and allottees must come together to form an AOA.
• Promoters must ensure the submission of application by AOA to the Competent Authority.
• There must be only one Association of Allottees and not more than that.
• An AOA that is registered under Odisha Apartment Ownership Act, 2023 must represent the owners at every forum. 
• Any allottee can become a member of the association. They will have voting rights. 
• Once a majority of the apartments are sold, the promoter must hand over control to the AOA. The promoter is not a permanent member unless they continue to hold unsold apartments.

Odisha Apartment Ownership Act Compliance Made Easy with NoBrokerHood

Once the Association of Allottees is formed and takes charge under the Odisha Apartment Ownership and Management Act, 2023, the real work begins collecting maintenance dues, tracking common area expenses, keeping financial records audit-ready, and staying transparent with every owner. Handling this manually through registers and WhatsApp groups often leads to disputes and delays. NoBrokerHood's Society Accounting Software is built to help newly formed associations and management committees run this transition smoothly, right from day one.

• Automated maintenance billing: Generate and send maintenance invoices to every apartment owner as per the association's approved bye-laws, with reminders for pending dues.
• Transparent financial reporting: Get real-time income-expense statements, so the committee can show owners exactly where common area funds are being spent.
• Digital record-keeping: Store declarations, occupancy certificates, and other promoter handover documents digitally, so nothing gets lost during the transition.
• Easy fund tracking for common areas: Track expenses on shared amenities and facilities, helping the association fulfill its duty of proper common area management.
• Simplified society voting and communication: Keep all members informed and enable digital voting for society decisions, supporting the collective decision-making the Act encourages.
• Audit-ready books: Maintain clean, exportable financial records that make annual audits and owner queries hassle-free.

All Solutions By NoBrokerHood

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