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The Maharashtra Apartment Ownership Act, 1970: Rules and Provisions

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The Maharashtra Apartment Ownership Act, 1970: Rules and Provisions

Last updated: January 25 2019
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  • The Maharashtra Apartment Ownership Act, 1970: Rules and Provisions

    Hi experts,

    I am from Pune, Maharastra. The builder of the building that we live in had done Deed of Declaration to form Apartment Association. Now for a decision of hiring lawyer for few issues there are differences between residents but maximum supporting that.

    If we vote for that decision then what Percentage would be needed to safeguard that decision from objections of any resident.

    In our Deed of Declaration I find one line:


    "These by-laws may be amended by the Association in a duly constituted meeting for such purpose and no amendment shall take effect unless approved by owners representing at least 75 per cent, of the total value of all units"

    Please give your expert opinion on same.

    Thanks much in advance.
    Last edited January 25 2019, 12:16 PM.
  • #2

    #2

    Re : The Maharashtra Apartment Ownership Act, 1970: Rules and Provisions

    Hi experts,

    Our builder has violated this section while submitting project to Apartment Act.

    "Respondent Developer and the land owner violates second proviso to Section 2 of the Apartment Act, as it specifies that the owner will grant lease of the land to apartment owners and terms and conditions of such lease shall be disclosed in the declaration, which has not been done in the present case"

    Can be this point Strong enough in court to declare Deed of Declaration void or NULL?

    Reference judgement

    Bombay High Court

    Sarita Nagari Phase -2 Co-Op. ... Vs The State Of Maharashtra on 1 March, 2018

    Thanks in advance.
    Last edited January 25 2019, 12:44 PM.

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