2 November 2020

MAHARASHTRA APARTMENT OWNERSHIP ACT AMENDMENT| CO-OPERATIVE COURT TO NOW HAVE JURISDICTION 

The Government of Maharashtra recently amended the Maharashtra Apartment Ownership (Amendment) Act, 2020 . This update seeks to broadly set out the important changes and additions brought about to the Maharashtra Apartment Ownership Act, 1970 (Act).

• Section 12A – As per this newly added Section 12A to the Act, the Apartment owners now can change or amend the contents of the Declaration or Deed of Apartments by passing a resolution by majority in a special meeting of the Association of Apartment Owners. Earlier, the Apartment owners in order to make any revisions or amendments required registraion of ‘Deed of Apartment – Form II’ before the Sub-Registrar of Assurances as per the Maharashtra Apartment Ownership Rules, 1972. This provision seems to be have been done away with in this amdendement.
  
  
• Section 16A – This new Section 16A now allows any aggrieved apartment owner or association of apartment owners can file a complaint with the Registrar for any violation or contravention of the provisions of the Act or the rules against any apartment owner or the sole owner or all the owners of the property. Every such complaint filed before the Registrar shall as far as possible be disposed of within a period of 30 days from the date of its filing. If the Registrar fails to dispose of the complaint within 30 days, he must record the reasons for the delay.
  
  
• Section 16B – Any apartment owner, Association of Apartment owners or any sole owner aggrieved by any direction or order of the Registrar may prefer an appeal to the Co-operative Court. Every appeal under this newly added section shall be preferred within a period of 60 days from the date on which the copy of the direction or order made by the Registrar is received. The Co-operative Court shall after giving reasonable opportunities to the parties pass such orders as it may deem fit and shall send a copy of every order passed in the appeal to the Registrar and the parties. Every appeal shall be dealt by the Co-operative Court within 90 days from the date of receipt of the appeal.
  

MHCO Comment :

Earlier the resident of the apartment owners had to file a suit before the civil court for any dispute with the apartment owners or the condominium and the same was time consuming. Even if a member did not pay the monthly maintenance fee, the other remaining members had to seek redressal from the civil court. This amendment now puts the apartment owners in same forum as the cooperative housing societies i.e. before the Deputy Registrar and Cooperative Court which being a specialised forum to adjudicate these issues. This amendment further requires the Deputy Registrar and Cooperative Court to resolve the issues in a timely manner.

The views expressed in this update are personal and should not be construed as any legal advice. Please contact us directly on +91 22 40565252 or legalupdates@mhcolaw.com for any assistance.