LexThe Maharashtra Apartment Ownership Act, 1970
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1971 : Mah. XV] 1
THE MAHARASHTRA APARTMENT OWNERSHIPACT, 1970
[Text as on 24th April 2025]
___________
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.
6A. Re-development of apartments.
6B. Summary eviction of apartment owners in certain cases.
7. Compliance with convenants, 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.
12A. Amendment in contents of Declaration or Deed 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.
16A. Filing of complaint with the Authority.
16B. Appeal to Co-operative Court.
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.
2 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
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. Amendment to certain Acts.
28. Severability.
SCHEDULE
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 3
LIST OF AMENDMENT ACTS
1. Amended by Mah. 6 of 19741 (13-3-1974)
2. Amended by Mah. 53 of 1974 (1-1-1975)
3. Amended by Mah. 14 of 1986 (31-1-1986)
4. Amended by Mah. 41 of 2018
5. Amended by Mah. 21 of 2020
6. Amended by Mah. 3 of 20242 (23-10-2023)
1 Mah. Ordinance No. II of 1974 was repealed by Mah. 6 of 1974, s. 7.
2 Maharashtra Ordinance No. IX of 2023 was repealed by Mah. 3 of 2024, s. 4.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
4 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 5
MAHARASHTRA ACT No. XV OF 19711
[THE MAHARASHTRA APARTMENT OWNERSHIP ACT, 1970.]
[This Act received the assent of the President on the 12th day of February 1971 ; assent was first
published in the Maharashtra Government Gazette, Extraordinary, Part IV, on the 19th February
1971.]
An Act to provide for the ownership of an individual apartment in a building and to make
such apartment heritable and transferable property.
WHEREAS, it is expedient to provide for the ownership of an individual apartment in a building
and to make such apartment heritable and transferable property, and to provide for matters connected
with the purposes aforesaid ; It is hereby enacted in the Twenty-first Year of the Republic of India as
follows :—
1. Short title, extent and commence ment.— (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 dates2 as the State Government may, by notification in the Official
Gazette, appoint ; and different dates may be appointed for different areas.
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, 3[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 :]
4[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.]
1 For Statement of Objects and Reaso ns of the L. C. Bill No. XIII of 1970 , see Maharashtra Government Gazette , 1970,
Extraordinary No. 44, Part V, dated the 11th December 1970, pages 343-344.
2 (A) 10 th day of August 1972 in the areas of ( 1) Municipal Corporation of Greater Bombay, ( 2) New B ombay,
(3) Municipal Corporation of the City of Pune, ( 4) Corporation of the City of Nagpur, ( 5) Municipal Corporation of the
City of Solapur and ( 6) Municipal Councils of Akola, Amravati, Aurangabad, Jalna, Beed, Dhule, Jalgaon, Ichalkaranji,
Kolhapur, Nanded, Malegaon, Nashik, Latur, Osmanabad, Udgir, Basmatnagar, Parbhani, Pimpri -Chinchwad, Islampur,
Ambernath, Dombivali, Thane, Hinganghat and Pulgaon.
(Vide G.N., U.D., P.H. & H.D., No. FOB. 1071/26752-I, dated the 10th August 1972).
(B) 28 th day of May 1982 in the areas within the limits of ( 1) the Kalyan Municipal Council in Thane district, and
(2) the Ulhasnagar Municipal Council in Thane district.
(Vide G.N., H. & S.A.D., No. MAD. 1180/(329)/II(ii), dated 28th May 1982).
(C) 1st day of May 1983 in the area within the limits of Ahmednagar Municipal Council of Ahmednagar district.
(Vide G.N., H. & S.A.D., No. MAO. 1182/1613/D-II, dated 16th April 1983).
(D) 1st day of April 1986 in the area of the villages of Tarapur and Boisar in Thane district.
(Vide G.N., H. & S.A.D., No. 1085/(7758)/II, dated 31st March 1986).
(E) 27th day of November 1987 in the area within the limit of Shrirampur Municipal Council of Ahmednagar district.
(Vide G.N., H. & S.A.D., No. 1087 (9238)/II, dated 27th November 1987).
(F) 20th day of June 1990 in the Municipal areas of Sangli, Miraj, Tasgaon, Vita, Ashta Municipal Councils in Sangli district.
(Vide G.N., H. & S.A.D., No. 1088/262/D-II, dated 18th June 1990).
(G) 1st day of January 1996 in the Municipal areas within the limits of Satara and Karad Municipal Councils in Satara district.
(Vide G.N., H. & S.A.D., No. MHS. 3895/(27)/DVP-2, dated 27th December 1995).
3 These words were substituted for the words “unless it is mainly used, or proposed to be u sed for residential purposes” by
Mah. 53 of 1974, s. 2.
4 This proviso was deemed always to have been added by Mah. 6 of 1974, s. 2.
6 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
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 f loors 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 an y
other type of use ancillary to the purpose specified ;]
(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 a reas 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 ;
(3) expenses agre ed upon as common expenses by the Association of Apartment
Owners ;
(4) expenses declared as common expenses by the provisions of this Act, or by the
Declaration or the bye-laws ;
1 Clause (a) was substituted for the original by Mah. 41 of 2018, s. 2.
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 7
(h) “common profits” means the balance of all income, rents, profits and r evenues from the
common areas and facilities remaining after the deduction of the common expenses ;
1[(i) “Competent authority”,—
(1) in relation to buildings constructed or to be constructed by the Housing and Area
Development Authority established under section 3, or a Housing and Area Development
Board established under section 18 of the Maharashtra Housing and Area Development Act,
1976 (Mah. XXVIII of 1977 ), or by a company, means the Deputy Chief Engineer or the
officer referred to in sub -section ( 2) of s ection 7 of the Maharashtra Own ership Flats
(Regulation of the promotion of construction, sale, management and transfer) Act, 1963
(Mah. XLV of 1963) ; and
(2) in any other case, means the Registrar of Co -operative Societies as defined in the
Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) ;]
2[(i-1) “Co-operative Court” means the Co -operative Court constituted under Maharashtra
Co-operative Societies Act, 1960 (Mah. XXIV of 1961) ;
(j) “Declaration” means the instrument by which the property is submitted to the provisions
of this Act, 3[as provided by section 2], and such Declaration as from time to time may be
lawfully amended ;
4* * * * * *
(m) “joint family ” means an undivided Hindu family, and in the case of other persons, a
group or unit, the members of which are by custom joint in possession or residence ;
(n) “ limited common areas and facilities ” means those common areas and facilities
designated in the Declara tion as reserved for use of certain apartment or apartments to the
exclusion of the other apartments ;
(o) “majority” or “majority of apartment owners ” means the apartment owners with 51 per
cent. or more of the votes in accordance with the percentages as signed in the Declaration to the
apartments for voting purposes ;
(p) “person” includes a joint family ;
(q) “prescribed” means prescribed by rules made under this Act ;
(r) “property ” means the land, the building, all improvements and structures thereon,
5* * * and all easements, rights and appurtenances belonging thereto, and all articles of
personal property intended for use in connection therewith, which have been, or ar e intended to
be, submitted to the provisions of this Act.
6[(s) “Registrar” means a person appointed to be the Registrar of Co -operative Societies
under the provisions of the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961);]
4. Status of apartments.— 7[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 ;
1 Clause (i) was substituted for the original by Mah. 14 of 1986, s. 2(a).
2 Clause (i-1) was added by Mah. 21 of 2020, s. 2(a).
3 These words and figures were substituted for the words “as hereinafter provided” by Mah. 53 of 1974, s. 3(2).
4 Clauses (k) and (l) were deleted by Mah. 14 of 1986, s. 2(b).
5 The words “all owned in freehold or held on lease or as occupant under any law relating to land revenue” were deemed
always to have been deleted by Mah. 6 of 1974, s. 3.
6 Clause (s) was inserted by Mah. 21 of 2020, s. 2(b).
7 These words and figure were deemed always to have been substituted for the words “Each apartment” by Mah. 6 of
1974, s. 4.
8 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
and accordingly, an apartment owner may transfer his apartment and the percentage of undivided
interest in the common areas and facilities appurte nant 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 applicable to the transfer and succession of immoveable property.
5. Ownership of apartments. — (1) Each apartment owner shall be en titled 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.
6. Common areas and facilities. — (1) Each apartment owner shall be entitled to an undivided
interest in the common areas and facilities in the perc entage 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 o f 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 3[of majority] of the apartment owners expressed in an amende d 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 conveyed or encumber ed with the apartment even though such interest is not
expressly mentioned in the conveyance or other instrument.
(3) The common areas and facilities shall remain undivided and no apartment owner or any other
person shall bring any action for partition or division of any part thereof, unless the property has been
removed from the provisions of this Act as provided in sections 14 and 22. Any covenant to the
contrary shall be null and void.
(4) Each apartment owner may use the common areas and facilities in accordance with the
purpose for which they are intended without hindering or encroaching upon the lawful rights of the
other apartment owners.
(5) The necessary work of maintenance, repair and replacement of the common areas and
facilities and the making of any additions or improvements thereto shall be carried out only as provided
herein and in the bye-laws.
(6) The Association of Apartment Owners shall have the irrevocable right, to be exercised by the
Manager or Board of Managers, to have access to ea ch apartment from time to time during reasonable
hours as may be necessary for the maintenance, repairs and replacement of any of the common areas
and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to
prevent damage to the common areas and facilities or to another apartment or apartments.
4[6A. 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 Complet ion 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 con dition, or likely to
1 These words and figure were deemed always to have been added by Mah. 6 of 1974, s. 5.
2 These words were substituted for the words “shall execute a Declaration that he submits his apartment to the provisions
of this Act and a Deed of Apartment” by Mah. 53 of 1974, s. 4.
3 These words were substituted for the words “of all” by Mah. 41 of 2018, s. 3.
4 Section 6A was inserted by Mah. 41 of 2018, s. 4.
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 9
fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or an y
other structure or place in the neighbourhood thereof.
Explanation.— For the purposes of this section, the expression “re -development” shall have the
meaning as assigned to it in relevant Development Control Regulations.].
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 provisions of sub -section (1),
then the Association of Apartment Owners or developer may request in writing to the Planning
Authority to evict such apartment owner.
(3) The Planning Authority may, after receipt of such a request under sub-section (2), by a written
notice, order any apart ment owner to vacate the apartment forthwith or within the time specified in
such notice.
(4) In every such notice the Planning Authority shall clearly specify the reasons for requiring
such apartment owner to vacate the apartment.
(5) The affixing of such written notice on any part of such apartment or building shall be deemed
a sufficient intimation to the occupiers of such apartment or building or portion thereof.
(6) On the issue of a notice under sub -section (3), every person in occupation of the ap artment
thereof to which the notice relates shall vacate such apartment as directed in the notice and no person
shall so long as the notice is not withdrawn, enter the apartment.
(7) The Planning Authority may direct that any person who acts in contravent ion of this section
shall be evicted from such apartment or building by any police officer and may also use such force as is
reasonably necessary to effect entry in the said apartment or building.]
7. Compliance with convenants, bye-laws and administrativ e 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.
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 2[consent of majority of] the other apartment owners
being first obtained.
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
1 Section 6B was inserted by Mah. 3 of 2024, s. 2.
2 These words were substituted for the words “unanimous consent of all” by Mah. 41 of 2018, s. 5.
10 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
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 encumbran ce 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 (IV of 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 de claration 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.
10. Common profits and expenses. — The common profits of the property shall be distributed
among, and the common expenses shall be charg ed to, the apartment owners according to the
percentage of the undivided interest in the common areas and facilities.
11. Contents of Declaration. — (1) The Declaration shall contain the f ollowing 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 build ing 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,
1 These words and figure were deemed always to have been added by Mah. 6 of 1974, s. 6.
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 11
including voting ; and a statement t hat 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 a s to the 1[percentage of majority 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. Contents of Deeds of Apartments. — (1) Deeds of apartments shall include the f ollowing
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 libe r, page and date of executing the
Declaration, t he date and serial number of its registration under the 2[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.
(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.
3[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.]
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 subsection ( 2) sha ll all be registered under the
4[Registration 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
1 These words were substituted for the words “percentage of votes” by Mah. 41 of 2018, s. 6.
2 These words and figures were substituted for the words and figures “Indian Registration Act, 1908” by Mah. 14 of 1986,
s. 3.
3 Section 12A was inserted by Mah. 21 of 2020, s. 3.
4 These words and figures were substituted for the words and figures “Indian Registration Act, 1908” by Mah. 14 of 1986,
s. 4.
12 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
and approved by the local authority within whose jurisdiction the buildin g 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 conv eyance 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 k ept. 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 cont ained 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 pla ns of the building and the Deed of Apartment in the Register of Declarations and
Deeds of Apartments under the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971) 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
(XVI of 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 2[Registration Act, 1908 (XVI of 1908)].
14. Removal from provisions of Act. — 3[(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 inte rest 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 pe rcentage of undivided interest
previously owned by such owner in the common areas and facilities.
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 resu bmission of the property to the
provisions of this Act.
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.
1 These words and figures were substituted for the words and figures “Indian Registration Act, 1908” by Mah. 14 of 1 986,
s. 4.
2 These words and figures were substituted for the words and figures “Indian Registration Act, 1908” by Mah. 14 of 1986,
s. 4.
3 Sub-section (1) was substituted for the original by Mah. 41 of 2018, s. 7.
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 13
(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 t he 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 ;
(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 respect ive apartments and of
the common areas and facilities by the several apartment 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 the ir 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.
1[16A. 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 n ot so disposed of within the said period of thirty days,
the Registrar shall record the reasons for the delay.
1 Sections 16A and 16B were inserted by Mah. 41 of 2018, s. 4.
14 The Maharashtra Apartment Ownership Act, 1970 [1971 : Mah. XV
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.
(3) On receipt of an appeal under sub -section (1), the appellate authority may, after giving th e
parties a reasonable opportunity of being heard, pass such orders thereon as it thinks fit.
(4) The appellate authority shall send a copy of every order made by it to th e parties and to the
Registrar.
(5) The appeal preferred under sub -section (1) shall be dealt with by the appellate authority as
expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within
ninety days from the date of receipt of appeal.]
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.
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 appurtenan t 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 prov isions 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. 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 othe r 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. 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 purcha ser’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 agains t 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.
21. Insurance.— 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 Apartment Owners as trustee for each
1971 : Mah. XV] The Maharashtra Apartment Ownership Act, 1970 15
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. 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 ;
(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 divi ded among all the apartment
owners in percentage equal to the percentage of undivided interest owned by each owner in the
property after Excerpt shown. Open the full act in Lexace.