(1) This Act may be called the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, (1) This Act may be called the Mabarashtra Ownership Flats,(Regulation of extent,the promotion of construction. sale. management and transfer) Act, The Maharashtra Ownership Flats (Regulation of the Promotion of. Construction, Sale, Management and Transfer) Act, Act 45 of Keyword(s).
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These rules may be called the Maharashtra Ownership Flats Promotion of Construction, Sale, Management and Transfer) Act, (Mah. The Maharashtra State Police Department, the Government has implemented an addendum to The Maharashtra Ownership Flat Act This article is written by Rajat Lohia, a student of School of Law DAVV, Indore, on Maharashtra Ownership of Flat Act, Introduction.
A Society adopts the Model Bylaws periodically with changes if required but with subsequent approval from Dy. Registrar of respective ward. Similarly, while adopting the Bylaws in a Condominium, suitable changes can be made so long as the provisions of the Act are not contravened. A Society issues certain shares to its members as per the Bylaws and the Share Certificate becomes an important title deed, since the allotment of the premises are related thereto.
The affairs of the Society are managed by the Managing Committee which is elected by the members of the Society. Similarly, the affairs of a Condominium are managed by the Board of Managers who is elected by the members of the Apartment Owners Association. Under the Model Bylaws, a Society can charge only Rs. In case of a Condominium, the Bylaws can be more flexible and the amount of Transfer Fee can be provided therein. In a Condominium, the owner can give his Apartment on lease or leave and license basis without the approval of the Board of Managers.
In a Society, every member has one vote, irrespective of the area of his premises. In a Condominium, every Apartment owner has a voting right in proportion to the value of his premises which is generally as per the area of the Apartment owned by him and which is defined while forming the Condominium.
In a Society, disputes are generally referred to the Registrar appointed under the Act or to a Co-operative Court, depending on the nature of the dispute. In the case of a Condominium, the Court having jurisdiction over the area in which the Condominium is located, hears the disputes.
A Society can expel its member under certain extreme circumstances. In case of a Condominium, there is no such provision. However, if an Apartment owner fails to comply with the Bylaws or the Rules and Regulations, either damages or injunctive relief or both can be claimed against him.
In a Society, a member can nominate a person in whose favour shares of the Society should be transferred upon the member's death. By virtue of the provisions of the Act and the Notifications issued this Act is made applicable to the Areas within State of Maharashtra.
It was introduced in the Legislative Assembly, which aims at protecting the interest of flat downloadrs and show in transparency and discipline in transaction of flats by putting a check on malpractices. The Explanation to the definition provides that even if a separate bathing, washing, sanitary, etc. Thus, in order to be construed to be a flat, all the above ingredients must be fulfilled. It is defined to mean a person:.
The term promoter includes his assigns and thus, if a person assigns his interests in the land to another person then the assignee would become a promoter.
In the event that the builder and the person selling the flats are different, then both of them will be considered as promoters.
The responsibilities of the Promoter under section 3 are as follows:. Section 4 of the MOFA Maharashtra Ownership of Flat Act , before accepting any payment as advance payment or deposit from a flat downloadr, the Promoter has a liability to execute a written agreement in the prescribed format with every flat downloadr and to get this agreement registered under the Registration Act.
Section 5 the Promoter is required to maintain separate bank accounts of sums taken as advance or deposit and he shall hold them for the purpose for which they were taken. The provisions of section 4 are mandatory and not directory in nature.
Section 4A of the Act states that even if any agreement is not registered under section 4 of the MOFA Maharashtra Ownership of Flat Act , it will be admissible as evidence in a suit for specific performance or as evidence for part performance under section 53A of the Transfer of Property Act.
Vishnidas Samaldas that non-registered agreements are wholly invalid and void ab initio and create no rights between the parties. Under section 10 of the MOFA, as soon as the minimum number of persons required for forming a co-operative society or a company have taken flats, the promoter must within 4 months submit the application for formation of a co-operative society or a company.
This section recognizes a company as a valid form of organization as opposed to a society. The promoter must then under section 11 convey his title to such an organization of the flat takers within 4 months of the date of formation of the society or the company provided no date has been agreed upon.
Service Charges: Equally divided by the number of flats. Car Parking Charges: As decided by the General Body. Interest on the defaulted charges: At the rate fixed, under Bye-law No.
Repayment of the instalment of the loan and interest: The amount of each instalment, with interest, as fixed by the financing agency. Non Occupancy Charges: Insurance Charges: Carpet area of each flat. Lease Rent: The carpet area of each flat.
Non-Agricultural Tax: Any other charges: The following expenses on repairs and maintenance have to be incurred by the Society at its own costs. All internal roads. Compound Wall. External Water Pipe Lines. Water Pump. Water Storage Tanks. Drainage Lines. Septic Tanks. Stair case. Stair case Lights.
Street Lights. All leakages of water. Electric Lines up to the main switch in the flats. No, a member has no right to deduct any amount from the Society''s bill. He is duty bound to pay all the legitimate dues to the Society.
If at all any expenses have to be carried out, the same could be carried out by the member, only after getting a written permission from the Society. Flag for inappropriate content.
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