Maharashtra act 015 of 1971 : The Maharashtra Apartment Ownership Act, 1970

GOVERNMENT OF MAHARASHTRA

LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA ACT No. XV OF 1971.

THE MAHARASHTRA APARTMENT OWNERSHIP

ACT, 1970.

( As modified upto the 4th March 2016 )

PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY

STORES, KOLHAPUR AND PUBLISHED BY THE DIRECTOR, GOVERNMENT

PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,

MUMBAI-400 004.

[ Price : Rs. 11.50 ]

1

THE MAHARASHTRA APARTMENT OWNERSHIPACT, 1970

——————

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Application of Act.

3. Definitions.

4. Status of apartments.

5. Ownership of apartments.

6. Common areas and facilities.

7. Compliance with covenants, bye-laws and administrative provisions.

8. Certain work prohibited.

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

10. Common profits and expenses.

11. Contents of Declaration.

12. Contents of Deeds of Apartments.

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

14. Removal from provisions of Act.

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

16. Bye-laws, their contents.

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

18. Separate assessment.

19. Charge for property of common expenses.

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

21. Insurance.

22. Disposition of property ; destruction or damage.

23. Action.

24. Act to be binding on apartment owners, tenants, etc. 24A. Power to exempt from stamp duty, registration fee and court-fees; power to refund.

25. Power to make rules.

26. Removal of doubt.

27. Amendments of certain Acts.

28. Severability.

SCHEDULE.

1971 : Mah. XV]

H 510-1

2

1

2 Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV

1 [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 executed to the Declaration or otherwise.]

3. In this Act, unless the context otherwise requires,—

(a) " apartment " means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or part or parts thereof in a building, ²[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 ;

(b) " apartment owner " means the person or persons owning an apartment and an undivided interest in the common areas and facilities in the percentage specified and established in the Declaration ;

(c) " apartment number " means the number, letter, or combination thereof designating the apartment in the Declaration ;

(d) " Association of Apartment Owners " means all of the apartment owners acting as a group in accordance with the bye-laws and Declaration ;

(e) " building " means a building containing five or more apartments, or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such buildings, and comprising a part of the property ;

(f) " common areas and facilities ", unless otherwise provided in the Declaration or lawful amendments thereto, means—

(1) the land on which the building is located ;

(2) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair-ways, fire-escapes and entrances and exists of the building ;

(3) the basements, cellars, yards, gardens, parking areas and storage spaces ;

(4) the premises for the lodging of janitors or persons employed for the management of the property ;

(5) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning and incinerating ;

(6) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus and installations existing for common use ;

(7) such community and commercial facilities as may be provided for in the Declaration ; and

(8) all other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in common use ;

(g) " common expenses " means,—

(1) all sums lawfully assessed against the apartment owners by the Association of Apartment Owners ;

(2) expenses of administration, maintenance, repair or replacement of the common areas and facilities ;

1

This proviso was deemed always to have been added by Mah. 6 of 1974, s. 2.

1

Clause (i) was substituted for the original by Mah. 14 of 1986, s. 2(a)

Common areas and facilities.

6

7. 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 maintenable 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.

8. 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 unanimous consent of all the other apartment owners being first obtained.

9. (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 sub-divided in interest :

Provided further that, no labour performed or materials furnished with the consent or at the request of an apartment owner or his agent or his contractor or sub-contractor shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882, against the apartment of any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto. Labour performed and material furnished for the common areas and facilities if duly authorised by the Association of Apartment Owners the Manager or Board of Managers in accordance with this Act, the declaration or bye-laws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for a charge or encumbrance under the Act aforesaid against each of the apartments and shall be subject to provisions of sub-section (2) of this section.

(2) In the event of a charge or any encumbrance against two or more apartments becoming effective, the apartment owners of the separate apartments may remove their apartments and the percentage of undivided interest in the common areas and facilities appurtenant to such apartments from the charge or encumbrance by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentages appearing in the Declaration. Subsequent to any such payment, discharge or other satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the charge or encumbrance so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the person having a charge or any other encumbrance from proceeding to enforce his rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged. IV of

1882.

Compliance with

convenants, bye-laws and administrative provisions. Encumbrances against

apartments; removal

from

encumbrances, effect of

part

payment.

1971 : Mah. XV] 5Maharashtra Apartment Ownership Act, 1970 Certain

work

prohibited.

7

10. 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.

11. (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 immediate common area to which it has access, and any other data necessary for its proper identification ;

(d) Description of the common areas and facilities ;

(e) Description of the limited common areas and facilities, if any, stating to which apartments their use is reserved ;

(f) Value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities, appertaining to each apartment and its owner for all purposes, including voting; and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the Declaration ;

(g) Statement of the purposes for which the building and each of the apartments are intended and restricted as to use;

(h) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town or village in which the building is located;

(i) Provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property ;

(j) Any other details in connection with the property which the person executing the Declaration may seem desirable to set forth consistent with this Act ;

(k) The method by which the Declaration may be amended, consistent with the provisions of this Act.

(2) A true copy of each of the Declaration and bye-laws and all amendments to the Declaration or the bye-laws shall be filed in the office of the competent authority.

12. (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 t h e D e c l a r a t i o n , t h e d a t e a n d s e r i a l n u m b e r o f i t s r e g i s t r a t i o n u n d e r t h e 2 [Registration

Act, 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.

XVI

of

1908.

6 [1971 : Mah. XV

Common profits and expenses. Contents of Deeds of Apartments. Maharashtra Apartment Ownership Act, 1970

8

(c) Statement of the use for which the apartment is intended and restrictions on its use, if any.

(d) The percentage of undivided interest appertaining to the apartment in the common areas and facilities.

(e) Any further details which the parties to the Deed may deem desirable to set forth consistent with the Declaration and this Act.

(2) A true copy of every Deed of Apartment shall be filed in the office of the competent authority.

13. (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 ¹[Registration Act, 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 the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment, an amendment to the Declaration to which shall be attached a verified statement of an architect certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, apartment number and dimensions of the apartment as built.

(3) In all registration offices a book called "Register of Declaration and Deeds of Apartments under the Maharashtra Apartment Ownership Act, 1970" and Index relating thereto shall be kept. The book and the Index shall be kept in such form and shall contain such particulars as the State Government may prescribe.

(4) It shall be the duty of every Manager or Board of Managers to sent to the Sub- Registrar of the sub-district in which the property containing the apartment is situate, or if there is no Sub-Registrar for the area, to the Registrar of the district in which such property is situate, a certified copy of the Declaration and Deed of Apartment made in respect of every apartment contained in the building forming part of the property together with a memorandum containing such particulars as the State Government may prescribe.

(5) The Sub-Registrar, or as the case may be, the Registrar shall register the Declaration alongwith floor plans of the building and the Deed of Apartment in the Register of Declarations and Deeds of Apartments under the Maharashtra Apartment Ownership Act, 1970 and shall also enter particulars in the Index kept under sub- section (3). Any person acquiring any apartment of any apartment owner shall be deemed to have notice of the Declaration and of the Deed of Apartment as from the date of its registration under this section.

(6) Except as provided in this section, the provisions of the ¹[Registration Act, 1908], shall mutatis mutandis apply to the registration of such Declaration and Deeds of Apartments and the words and expressions used in this section but not defined in this Act, shall have the meanings assigned to them in the ¹[Registration Act, 1908].

1971 : Mah. XV] 7Maharashtra Apartment Ownership Act, 1970 Declarations,

Deeds of

Apartments

and copies

of floor

plans to be

registered.

1 These words and figures were substituted for the words and figures "Indian Registration Act, 1908"

by Mah. 14 of 1986, s. 4.

XVI

of

1908.

Mah. XV of

9

14. (1) All the apartment owners may remove a property from the provisions of this Act 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 areas and facilities.

15. 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.

16. (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 autority.

(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 ; and whether or not the Board may engage the services of a Secretary, a Manager or Managing Agent, and specifying which of the powers and duties granted to the Board by this Act or otherwise may be delegated by the Board to either or both of them ;

(b) Method of calling meetings of the apartment owners ; what percentage, if other than a majority of apartment owners, shall constitute a quorum ;

(c) Election of a President from among the members of the Board of Managers who shall preside over the meetings of such Board and of the Association of Apartment Owners ;

(d) Election of a Secretary who shall keep a minute book wherein resolutions shall be recorded ;

(e) Election of a Treasurer who shall keep the financial records and books of accounts ;

(f) Maintenance, repair and replacement of the common areas and facilities and payments therefor ;

(g) Manner of collecting from the apartment owners their share of the common expenses ;

(h) Designation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities ;

(i) The method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities ; 8 [1971 : Mah. XV

Removal from

provisions of Act. Bye-laws, their

contents. Maharashtra Apartment Ownership Act, 1970 Removal no

bar to

subsequent

resubmission

of property

to Act.

10

(j) Such restrictions on the requirements respecting the use and maintenance of the apartments and the use of the common areas and facilities not set forth in the Declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the several apartement owners ;

(k) The percentage of the votes required to amend the bye-laws.

(3) The bye-laws may also provide for the following matters, namely :—

(a) Subject to the provisions of this Act, provision for regulating transfer or partition of any apartment and percentage of undivided interest in the common areas and facilities appurtenant to such apartment, subject to such terms and conditions as may be specified in the bye-laws ;

(b) Provisions enabling the Board of Managers to retain certain areas of the building and lease to non-residents for commercial purposes and for distribution of resulting proceeds to the apartment owners as income or application thereof in reduction of their common charges for maintaining the building ;

(c) Any other provisions not inconsistent with the provisions of this Act, relating to the audit and accounts and administration of the property and annual and special general meetings, annual report and the like.

17. 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.

18. 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.

19. 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.

20. 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 or 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.

1971 : Mah. XV] 9Maharashtra Apartment Ownership Act, 1970 Joint and

several

liability

of vendor,

etc., for

unpaid

common

expenses.

Charge for

property of

common

expenses.

Separate

assessment.

Waiver of

use of

common

areas and

facilities ;

abandonment

of apartment.

11

21. The Manager or Board of Managers, if required by the Declaration or the bye-laws or by a majority of the apartment owners, or at the request of a mortgagee having a first mortgage covering an apartment, shall have the authority to, and shall obtain insurance for the property against loss or damage by fire, and such other hazards under such terms and for such amounts as shall be required, or requested. Such insurance coverage shall be written on the property in the name of such Manager or of the Board of Managers of the Association of the Apartement Owners as trustee for each of the apartment owners in the percentages established in the Declaration. Premiums shall be common expenses. Provisions for such insurance shall be without prejudice to the right of each apartment owner to insure his own apartment for his benefit.

22. If within sixty days of the date of damage or destruction to all or part of the property, it is not determined by the Association of Apartment Owners 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 ;

(c) any encumbrances affecting any of the apartments shall be deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property as provided therein ;

(d) the property shall be subject to an action for partition at the suit of any apartment owner, in which even the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in percentage equal to the percentage of undivided interest owned by each owner in the property after first paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.

23. 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.

24. (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. 10 [1971 : Mah. XV

Insurance. Action. Maharashtra Apartment Ownership Act, 1970 Disposition

of property ;

destruction

or damage.

Act to be

binding on

apartment

owners,

tenants, etc.

12

1 [24A. (1) The State Government, by notification in the Official Gazette, may reduce or remit whether prospectively or retrospectively—

(a) the stamp duly 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 to the registration of documents or to court- fees, for the time being in force which the State Government is competent to levy.

(2) The State Government may refund the amount of any duty or fee paid in pursuance of any law referred to in sub-section (1) in such circumstances, to such extent and subject to such terms and conditions, if any, as the State Government may by order determine.]

25. (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 such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

26. For the removal of doubt, it is hereby declared that the provisions of the Transfer of Property Act, 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.

27. The ²[enactment] specified in the Schedule hereto shall be amended in the manner and to the extent specified in the third column thereof.

28. 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.

1971 : Mah. XV] 11Maharashtra Apartment Ownership Act, 1970 Removal of

doubt.

Power to

exempt from

stamp duty,

registration

fee and

court-fees;

power to

refund.

1 Section 24A was inserted by Mah. 53 of 1974, s. 5.

13

12 [1971 : Mah. XVMaharashtra Apartment Ownership Act, 1970

SCHEDULE.

(See section 27) Number and

year of Subject or title Extent of amendment enactment

1 2 3

1 * * * * * Mah. XLV of 1963. The Maharashtra (1) In section 2— Ownership Flats (a) in clause (a), after the words (Regulation of the "part of a building" the words promotion of con- "and includes an apartment"

struction, sale, shall be added ;

management and (b) in clause (c), after the words transfer) Act, 1963. "building of flats" the words

"or apartments" shall be inserted;

(c) in clause (e), after the word

"flats" at both the places where it occurs, the words "or apart- ments" shall be inserted;

(d) after clause (e), the following shall be added, namely :—

"(f) the expressions 'apartment' and 'apartment owner' shall have the meanings, respectively assigned to them in the Maha- Mah. XV rashtra Apartment Ownership of 1971. Act, 1970".

(2) Section 10 shall be renumbered as sub-section (1) of that section and after sub-section (1) so renumbered, the following sub- section shall be added, namely :—

"(2) If any property consisting of building or buildings is constuc- ted or to be constructed and the apartment takers propose to sub- mit the apartments to the provi- Mah. XV sions of the Maharashtra Apart- of 1971. ment Ownership Act, 1970 by exe- cuting Declarations and Deeds of Apartments as required by that Act, then the promoter shall

Mah. XXIV inform the Registrar as defined of 1961. in the Maharashtra Co-operative

1 The entries relating to the Bombay Housing Board Act, 1948 and the Madhya Pradesh Housing Board Act, 1950 were deleted by Mah. 14 of 1986, s. 6.

14

[1971 : Mah. XV 13Maharashtra Apartment Ownership Act, 1970 SCHEDULE—Contd.

Number and

year of Subject or title Extent of amendment enactment

1 2 3

Societies Act, 1960, accordingly ; and in such cases, it shall not be lawful to form any co-operative society or company, and each apartment owner shall be entitled to the exclusive ownership and possession of his apartment as provided in the first mentioned Act.".

(3) In section 11, after the word "flat takers" the words "or apartment owners" shall be inserted.

H 510-4,682 BKS.-3.2016

PRINTED AT THE GOVERNMENT PRESS, KOLHAPUR.

15

Short title. Mah. XV

of 1971.

An Act further to amend the Maharashtra Apartment Ownership Act, 1970. WHEREAS it is expedient further to amend the Maharashtra Apartment Ownership Act, 1970, for the purposes hereinafter appearing; it is hereby enacted in the Sixty-nineth Year of the Republic of India as follows :—

l. This Act may be called the Maharashtra Apartment Ownership ( Amendment) Act, 2018.

2. In section 3 of the Maharashtra Apartment Ownership Act, 1970 (hereinafter referred to as " the principal Act"), for clause (a), the following clause shall be substituted, namely :—

" (a) "apartment" whether called block, chamber, dwelling unit, flat,

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö ´É¹ÉÇ 4, +ÆEò 49] ¶ÉÊxÉ´ÉÉ®ú, VÉÖ±Éèú 7, 2018/+ɹÉÉfø 16, ¶ÉEäò 1940 [{ÉÞ¹ ä̀ö 3, ËEò¨ÉiÉ : ¯û{ɪÉä 27.00 +ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 97

|ÉÉÊvÉEÞòiÉ |ÉEòɶÉxÉ

¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɨÉÆb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò ( <æoévéò +xéö´éénù).<>

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 specifed;".

¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`öö, VÉÖ±Éèú 7, 2018/+ɹÉÉfø 16, ¶ÉEäò 1940 3

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