RNI No. MAHENG/2009/35528

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In pursuance of clause (3) of Article 348 of the Constitution of India, the following translation in English of the Maharashtra Apartment Ownership (Amendment) Act, 2018 (Mah. Act No. XLI of 2018), is ▇▇▇▇▇▇ published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇,

I/c. Secretary (Legislation) to Government, Law and Judiciary Department.

MAHARASHTRA ACT NO. XLI OF 2018.

(First published, after having received the assent of the Hon’ble President in the “Maharashtra Government Gazette”, on the 7th July 2018).

An Act further to amend the Maharashtra Apartment Ownership Act, 1970.

Mah. XV of 1971.

Mah. XV of 1971.

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,

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Short title.

Amendment of section 3 of Mah. XV of 1971.

(BSɤÉÒ-1686-1)

(1)

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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;”.

Amendment of section 6 of Mah. XV of

1971.

In section of New section 6A in Mah. XV of 1971.

Re-development of apartments.

Amendment of section 8 of Mah. XV of

1971.

Amendment of section 11 of Mah. XV of

1971.

Amendment of section 14 of Mah. XV of

1971.

3. In section 6 of the principal Act, in sub-section (2), for the words “of all” the words “of majority” shall be substituted.

4. After section 6 of the principal Act, the following section shall the inserted, namely :–

“ 6A. 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 neighborhood 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.”.

5. In section 8 of the principal Act, for the words “unanimous consent of all” the words “consent of majority of” shall be substitued.

6. In section 11 of the principal Act, in sub-section (1), in clause (i), for the words “percentage of votes” the words “percentage of majority of votes” shall be substitued.

7. In section 14 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely :—

“(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.”.

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8. In section 22 of the principal Act, for the words “the Association of Apartment Owners” the words “the Association of Apartment Owners by majority” shall be substituted.

Amendment of section 22 of Mah. XV of 1971.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERYAND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PRINTED AT GOVERNMENT PRESS, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERYAND PUBLICATION, ▇▇-▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇, EDITOR : ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇.