The Maharashtra Apartment Ownership Act, 1970

S.2 Application of Act.

This Act applies only to property, 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 as hereinafter provided :

Provided that, no property shall be submitted to the provisions of this Act, ¹[unless it is used or proposed 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 :]

²[Provided further that the sole owner or all the owners of the land may submit such land to the provisions of this Act with a condition that he or they shall grant a lease of such land to the apartment owners, terms and conditions of the lease being disclosed in the Declaration either by annexing a copy of the instrument of lease to be execute

S.3 Definitions.

In this Act, unless the context otherwise requires,-

¹[(a) "apartment" whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified ;]

(b) "apartment owner" means the person or persons owning an apartment an

S.4 Status of apartments.

¹[Subject to the provisions of the second proviso to section 2 of this Act, each apartment], together with its undivided interest in the common areas and facilities, appurtenant to such apartment, shall for all purposes constitute heritable and transferable immoveable property within the meaning of any law for the time being in force in the State ;

and accordingly, an apartment owner may transfer his apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment by way of sale, mortgage, lease, gift, exchange or in any other manner whatsoever in the same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, investigations, legal proceedings, remedies and to penalty, forfeiture and punishment as any other immoveable property, or make a bequest of the same under the laws applic

S.5 Ownership of apartments.

(1) Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment ¹[in accordance with the Declaration executed and registered as required by section 2 of this Act].

(2) Each apartment owner ²[[shall execute a Deed of Apartment] in relation to his apartment in the manner prescribed for the purpose.

S.6 Common areas and facilities.

(1) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities in the percentage expressed in the Declaration. Such percentage shall be computed by taking as a basis the value of the apartment in relation to the value of the property and such percentage shall reflect the limited common areas and facilities.

(2) The percentage of the undivided interest of each apartment owner in the common areas and facilities as expressed in the Declaration shall have a permanent character, and shall not be altered without the consent ¹[of majority] of the apartment owners expressed in an amended Declaration duly executed and registered as provided in this Act. The percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains, and shall be deemed to be conveye

S.6A Re-development of apartments.

¹6A. Re-development of apartments. Notwithstanding anything contained in sub-section (3) of section 6, section 14 and section 22 of this Act, any work in relation to the re-development of a building can be carried out after obtaining the consent of the majority of apartment owners of such building :

Provided that, in respect of such building, a period of thirty years has been completed, from the date of issuance of Completion Certificate by the concerned Planning Authority or from the date of issuance of permission to occupy a building by the concerned Planning Authority, whichever is earlier, or, the concerned Planning Authority has declared such building is in ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighbourhood thereof.

S.6B Summary eviction of apartment owners in certain cases.

¹[6B. Summary eviction of apartment owners in certain cases. (1) Where the Association of Apartment Owners, after obtaining the consent of the majority of apartment owners, submits the proposal to the concerned Planning Authority for redevelopment of the building as per section 6A, and if the said proposal is approved by the Planning Authority, then it shall be binding on all the apartment owners to vacate the apartment :

Provided that, it shall be binding upon the concerned Association of Apartment Owners or developer responsible for the redevelopment, as the case may be, to make available to all the apartment owners of such apartment or building, alternate temporary accommodation or rent in lieu of such accommodation.

(2) If the apartment owner refuses to vacate the apartment as per provis

S.7 Compliance with convenants, bye-laws and administrative provisions.

Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due, for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners, or, in a proper case, by an aggrieved apartment owner.

S.8 Certain work prohibited.

No apartment owner shall do any work which could jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament nor may any apartment owner add any material structure or excavate any additional basement or cellar without in every such case the ¹[consent of majority of] the other apartment owners being first obtained.

S.9 Encumbrances against apartments ; removal from encumbrances, effect of part payment.

(1) Subsequent to recording the Declaration as provided in this Act, and while the property remains subject to this Act, no encumbrance of any nature shall thereafter arise or be effective against the property. During such period encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner and under the same conditions in every respect as encumbrances may arise or be created upon or against any other separate parcel of property subject to individual ownership :

Provided that, if during the period any encumbrance has arisen or been created against such apartment and the percentage of undivided interest in the common areas and facilities, appurtenant to such apartment, no apartment and such percentage of undivided interest shall be partitioned or s

S.10 Common profits and expenses.

The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the percentage of the undivided interest in the common areas and facilities.

S.11 Contents of Declaration.

(1) The Declaration shall contain the following particulars, namely :-

(a) Description of the land on which the building and improvements are or are to be located; and whether the land is freehold or leasehold ¹[and whether any lease of the land is to be granted in accordance with the second proviso to section 2 of this Act] ;

(b) Description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be constructed ;

(c) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immed

S.12 Contents of Deeds of Apartments..

(1) Deeds of apartments shall include the following particulars, namely :-

(a) Description of the land as provided in section 11 of this Act of the post-office address of the property, including in either case the liber, page and date of executing the Declaration, the date and serial number of its registration under the ¹[Registration Act, 1908 (XVI of 1908)], and the date and other reference, if any, of its filing with the competent authority. (b) The apartment number of the apartment in the Declaration and any other data necessary for its proper identification.

S.12A Amendment in contents of Declaration or Deed of Apartments.

¹[12A. Amendment in contents of Declaration or Deed of Apartments.- The apartment owners may by resolution passed by majority in special meeting of the Association of Apartment Owners, change or amend the contents of the Declaration or Deed of Apartments.]

S.13 Declarations, Deeds of Apartments and copies of floor plans to be registered.

(1) The Declaration and all amendments thereto and the Deed of Apartment in respect of each apartment and the floor plans of the buildings referred to in sub-section (2) shall all be registered under the ¹Registration Act, 1908 (XVI of 1908)].

(2) Simultaneously with the registration of the Declaration there shall be filed alongwith it a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartments, stating the name of the building or that it has no name, and bearing the verified statement of an architect certifying that it is an accurate copy of portions of the plans of the building as filed with and approved by the local authority within whose jurisdiction the building is located. If such plans do not include a verified statement by such architect that such plans fully and accurately depict

S.14 Removal from provisions of Act.

¹[(1) A property may be removed from the provisions of this Act, by majority of apartment owners by an instrument to that effect duly executed.] :

Provided that, the holders of all charges and other encumbrances affecting any of the apartments consent thereto or agree, in either case by instruments duly executed that their charges or encumbrances be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided.

(2) Upon removal of the property from the provisions of this Act, the property shall be deemed to be owned in common by the apartment owners. The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common area

S.15 Removal no bar to subsequent resubmission of property to Act.

The removal provided for in the preceding section shall in no way bar the subsequent resubmission of the property to the provisions of this Act.

S.16 Bye-laws, their contents.

(1) The administration of every property shall be governed by bye-laws a true copy of which shall be annexed to the Declaration. No modification of or amendment to the bye-laws shall be valid, unless set forth in an amendment to the Declaration, and such amendment is duly recorded, and a copy thereof is duly filed with the competent authority.

(2) The bye-laws shall provide for the following matters, namely :-

(a) The election from among the apartment owners of a Board of Managers, the number of persons constituting the same, and that the terms of at least one-third of the members of such Board shall expire annually ; the powers and duties of the Board ; the compensation, if any, of the members of the Board ; the method of removal from office of members of the Board

S.16A Filing of complaint with the Authority.

¹16A. Filing of complaint with the Authority.- Any aggrieved apartment owner, Association of Apartment Owners, may file a complaint with the Registrar, for any violation or contravention of the provisions of this Act or the rules made thereunder against any apartment owner or the sole owner or all the owners of the property. Every such complaint as far as possible, be disposed of by the Registrar within a period of thirty days from the date of its receipt :

Provided that, where such complaint is not so disposed of within the said period of thirty days, the Registrar shall record the reasons for the delay

S.16B Appeal to Co-operative Court.

(1) Any person aggrieved by any direction or order or decision of the Registrar, Co-operative Societies may prefer an appeal to the Co-operative Court (hereinafter in this section referred to as "the appellate authority"). Explanation.- For the purpose of this section, "person" means apartment owner, Association of Apartment Owners, sole owner, or all the owners of the property. (2) Every appeal under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction, order or decision made by the Registrar is received by the aggrieved person :

Provided that, the appellate authority may entertain any appeal after the expiry of sixty days, if it is satisfied that there was sufficient cause for not filing it within that period.

S.17 Waiver of use of common areas and facilities ; abandonment of apartment.

No apartment owner may exempt himself from liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities, or by abandonment of his apartment.

S.18 Separate assessment.

Notwithstanding anything to the contrary contained in any law relating to local authorities, each apartment and its percentage of undivided interest in the common areas and facilities appurtenant to such apartment (being an apartment submitted to the provisions of this Act) shall be deemed to be separate property for the purpose of assessment to tax on lands and buildings leviable under such law and shall be assessed and taxed, accordingly ; and for this purpose, a local authority shall make all suitable rules to carry out the provisions of this section. Neither the building, the property nor any of the common areas and facilities shall be deemed to be separate property for the purposes of the levy of such tax.

S.19 Charge for property of common expenses.

All sums assessed by the Association of Apartment Owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a charge on such apartment prior to all other charges except only (i) charge, if any, on the apartment for payment of Government and municipal taxes, and (ii) all sums unpaid on a first mortgage of the apartment.

S.20 Joint and several liability of vendor, etc., for unpaid common expenses.

Upon the sale of an apartment, the purchaser of the apartment shall be jointly and severally liable with the vendor for all unpaid assessments against the latter or his share of the common expenses upto the time of the sale without prejudice to the purchaser’s or grantee’s right to recover from the vendor the amount paid by the purchaser or grantee therefore. Any such purchaser shall be entitled to a statement from the Secretary of Board of Managers, setting forth the amount of the unpaid assessment against the vendor and such purchaser or grantee shall not be liable for, nor shall the apartment sold be subject to a charge for any unpaid share of common expenses against such apartment accrued prior to such sale or request in excess of the amount therein set forth.

S.21 Insurance.

S.22 Disposition of property ; destruction or damage.

If within sixty days of the date of damage or destruction to all or part of the property, it is not determined by ¹[the Association of Apartment Owners by majority] to repair, reconstruct or rebuild, then and in that event,-

(a) the property shall be deemed to be owned in common by the apartment owners ;

(b) the undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities ;

S.23 Action.

Without limiting the rights of any apartment owner, actions may be brought by the Manager or Board of Managers, in either case in the discretion of the Board of Managers on behalf of two or more of the apartment owners as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities or more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities or more than one apartment may be made on the person designated in the Declaration to receive service of process.

S.24 Act to be binding on apartment owners, tenants, etc.

(1) All apartment owners, tenants of such owners, employees of owners and tenants, or any other person that may in any manner use property or any part thereof submitted to the provisions of this Act shall be subject to this Act and to the Declaration and the bye-laws of the Association of Apartment Owners adopted pursuant to the provisions of this Act.

(2) All agreements, decisions and determinations lawfully made by the Association of Apartment Owners in accordance with the voting percentages established under this Act, Declaration or bye-laws, shall be deemed to be binding on all apartment owners.

S.24A Power to exempt from stamp duty, registration fee and court-fees ; power to refund.

¹[24A. Power to exempt from stamp duty, registration fee and court-fees; power to refund.- (1) The State Government, by notification in the Official Gazette, may reduce or remit whether prospectively or retrospectively-

(a) the stamp duty with which under any law relating to stamp duty for the time being in force, instruments or documents executed by or on behalf of a promoter, an apartment-owner or association of apartment owners relating to any of the purposes of the Act are respectively chargeable ;

(b) any fee payable by or on behalf of any promoter, apartment-owner or association of apartment owners in relation to the instruments or documents referred to in clause (a) under any law relating

S.25 Power to make rules.

(1) The State Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules for carrying into effect the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be, so however that any suc

S.26 Removal of doubt.

For the removal of doubt, it is hereby declared that the provisions of the Transfer of Property Act, 1882 (IV of 1882), shall in so far as they are not inconsistent with the provisions of this Act, apply to every apartment together with its undivided interest in the common areas and facilities appurtenant to such apartment as those provisions apply in relation to any immovable property, and the provisions of this Act shall take effect, notwithstanding anything to the contrary contained in any contract.

S.27 Amendment to certain Acts.

The ¹[enactment] specified in the Schedule hereto shall be amended in the manner and to the extent specified in the third column thereof.

S.28 Severability.

If any provision of this Act or any section, sentence, clause, phrase, or word, or application thereof in any circumstances is held invalid, the validity of the remainder of this Act and of the application of any such provision, section, sentence, clause, phrase or word, in any other circumstances shall not be affected thereby.

S.1 Short title, extent and commencement.

(1) This Act may be called the Maharashtra Apartment Ownership Act, 1970.

(2) It extends to the whole of the State of Maharashtra.

(3) This section shall come into force at once; and the remaining provisions of this Act shall come into force in such areas, and on such dates¹ as the State Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different areas.