The Maharashtra Apartment Ownership Act is a notable piece of legislation in the Indian state of Maharashtra. The regulation gives flat owners additional autonomy over their residences. It makes it easier for people to buy, sell, and inherit their apartments. To benefit from this rule, however, the unit’s owner or owners must fill out and register a certain form. The real estate market and flat residents’ evolving needs have led to multiple amendments to the statute.

1. The Maharashtra Apartment Ownership
Act: Essential Information Regarding
Property Rights
Introduction The Apartment Ownership Act Of Maharashtra
The Maharashtra Apartment Ownership Act is a notable piece of
legislation in the Indian state of Maharashtra. The regulation gives flat
owners additional autonomy over their residences. It makes it easier
for people to buy, sell, and inherit their apartments.

2. To benefit from this rule, however, the unit's owner or owners must fill
out and register a certain form. The real estate market and flat
residents' evolving needs have led to multiple amendments to the
statute.
This essay will clarify this rule and make it easier for you to understand
how Maharashtra property ownership is affected by it.
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The Maharashtra Flat Ownership Act's Inception
In February 1971, the Maharashtra Apartment Ownership Act 1970—
also referred to as the Apartment Act—went into force. Giving flat
owners transferable and inheritable rights was its primary objective.
They can now own their apartments as well as an equal and undivided
plot of land and the common areas within the apartment building,
according to the statute. Every flat owner has a portion of the common
area. These communal spaces include parking lots, gardens, and halls.
Important Provisions Of The Maharashtra Apartment Ownership Act
Aspects of apartment ownership and living are covered under the
Maharashtra Apartment Ownership Act, including:

3. Transferability, Heritability, And Ownership:
It gives transferable and inheritable rights to flat owners. It implies that
owners are able to sell their flat to a third party and leave it to their
heirs.
Interests Of Apartment Owners In Common Spaces:
The Ownership Act describes the rights and interests that flat owners
have in shared spaces and amenities. Based on the apartment's worth
relative to the property, this equal interest is computed.
Obligations And Responsibilities:
The Act specifies what each flat owner's obligations are to the other
and the common areas. It entails helping to keep these common areas
maintained and tended to.
Apartment-Related Obligations:
Encumbrances are things that flat owners can put on their properties.
Taking out loans or mortgages on their flat could be one way to do this.
Implementation And Enrollment:
The act lays out the procedures and prerequisites for carrying out and
registering the apartment's deed. It guarantees accurate transaction
documentation.

4. Control Of Common Spaces:
It outlines the procedures for using AOAs to manage common areas
and facilities. Through donations from flat owners, the AOAs are in
charge of maintaining these areas.
Control Of AOAs:
The purpose of the act is to ensure that flat owners' associations
operate efficiently and to the advantage of all members.
Typical Revenues And Outlays:
Common profits, common expenses, and other associated financial
matters are defined by the statute. This guarantees equity and
openness in the residential complex's financial transactions.
Implementing The Act
The Apartment Act's applicability and circumstances are outlined in a
few guidelines. Buildings with five or more units (greater than four)
benefit from the Maharashtra Apartment Ownership Act. A
condominium that consists of two or more buildings, each housing two
or more apartments (five or more units), is also advantageous. These
properties can be used as residences, workplaces, businesses, etc.
Buildings might not be immediately covered by the rules. The building's
owner or owners must take specific actions in order for the rules to be
in effect. They must write and register a declaration in order to formally
comply with the act's obligations.

5. Eliminating Assets From The Act's Guidelines
The act's provisions may be waived by flat owners for a particular block.
If more than 50% of the flat owners agree, the owners may draft a
document exempting the building from the act's jurisdiction. However,
without the approval of any creditors or holders of encumbrances on
the property, they are unable to transfer their rights to the undivided
share of the apartment owner.
It is crucial to remember that the act does not prevent flat owners from
choosing, at a later time, to reinstate its rules on the property.
Part Of An Apartment Owner's Property
According to the statute, every apartment owner has two rights: one
regarding their personal flat and another regarding a portion of the
common spaces and amenities.
This portion is determined by dividing the value of the flat by the value
of the entire property. However, this portion of the common spaces
and amenities cannot be bought, sold, or moved apart from the unit.
Act-Related Power
The act designates particular authorities to carry out its regulations. If a
government agency such as the Housing and Area Development
Authority is involved in the project, then certain individuals are in
charge. If not, the Maharashtra Societies Registration Act, 1960's

6. definition of the Registrar of Cooperative Societies, becomes the in-
charge body.
Establishing The Flat Owners Association (AOA)
All apartment owners operating in accordance with the Declaration and
bye-laws are what the Maharashtra Apartment Ownership Act defines
as AOA. With assistance from flat owners, the AOA's primary
responsibility is to maintain common areas and facilities.
Although the Maharashtra Ownership Flats Rules, 1964 stipulate that at
least five apartment owners must file Declarations and Deeds of
Apartment to tell the Registrar about the AOA's creation, the legislation
does not set a minimum criteria for founding an AOA.
Participants In The Association
The Association of Apartment Owners is open to everyone who has
bought an apartment in a condominium and completed the
apartment's deed. They have the right to use all shared amenities and
participate in AOA duties as members. Members are also required to
pay the stipulated fees.
What Common Areas And Facilities
According to the laws, all portions of the property that are convenient
or required for its upkeep, safety, and existence, or those that are used
by everyone together, are considered common areas and facilities.

7. These consist of the ground, building foundations, corridors, parking
lots, central utilities (such as water and electricity), elevators, and
more. By adopting a resolution, the AOA is also permitted by the
legislation to designate particular locations as common areas and
facilities.
Ordinary Costs
The Association of Owners (AOA) assesses common expenses for flat
owners. The upkeep, administration, and repairs of shared spaces and
facilities are covered by these costs.
All flat owners are required to contribute to these costs, which may be
decided upon or designated as common expenses by the association.
There is a levy on the property of the flat owner for nonpayment of
these costs.
Transfer Of Upkeep Services
Regarding the transfer of maintenance duties from the promoter or
builder to the AOA, the statute is silent. In order to assume
maintenance, flat owners should contact the promoter as soon as they
register an AOA. The AOA may utilise its agencies to handle upkeep,
including security and housekeeping, if the promoter refuses to cede
responsibility. Vendors or agencies that the promoter had previously
designated may be replaced by the AOA.

8. The Association's Bylaws
Every property is managed according to its bylaws, a true copy of which
needs to be submitted to the appropriate government.
The upkeep, repairs, and enhancements or additions to common areas
and facilities are governed by these bye-laws. Owners of apartments
are required to abide by the bye-laws, which are subject to change. The
majority of flat owners, or 75% of them, must approve an alteration
before it can be submitted to the appropriate authority.
Reconstruction Of Apartments
In 2018, an additional section on flat redevelopment was included in
the statute. This permits redevelopment, subject to a condition and
with the approval of the majority of flat owners. The building that is
going to be redeveloped needs to be at least thirty years old as of the
date the planning authority issues the occupancy certificate or the
completion certificate, whichever comes first. Redevelopment may be
allowed if the structure is still thirty years old but has been deemed
dangerous or in disastrous condition by the planning authorities.
Grievances To The Authority
The Registrar of Co-operative Societies, as designated by the
Maharashtra Co-operative Societies Act, is the person to whom the

9. aggrieved party may make a complaint in the event of a dispute
between flat owners or between the AOA and flat owners. Within thirty
days, the registrar is required to respond to these complaints. Within
sixty days of receiving the registrar's instructions, a party may submit
an appeal with the cooperative court if they are dissatisfied with the
judgement.
Maharashtra Flat Ownership Act's Conclusion
The Maharashtra Unit Ownership Act seeks to empower unit owners
with a plethora of regulations. In addition to guaranteeing the efficient
administration and upkeep of common areas and amenities within
apartment buildings, it safeguards their rights.
This law creates the conditions for peaceful coexistence, open financial
transactions, and efficient management of these common areas. The
legislation continues to be an essential legal framework that outlines
the obligations and interactions of flat owners in the state of
Maharashtra, even as the real estate market changes.
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