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Bill Summary

The Maharashtra Apartment Ownership (Amendment) Bill, 2023

  • The Maharashtra Apartment Ownership (Amendment) Bill, 2023 was introduced in the Maharashtra Legislative Assembly on December 8, 2023.  The Bill seeks to amend Maharashtra Apartment Ownership Act, 1970.  The Act provides for redevelopment of apartment buildings.  The definition of an apartment includes parts of a property intended to be used for residence, office, or business purposes.  The Bill replaces the Maharashtra Apartment Ownership (Amendment) Ordinance, 2023 promulgated on October 23, 2023.
  • Vacating apartments for redevelopment:  Under the Act, consent of a majority of apartment owners is required to submit redevelopment proposals to the Town Planning Authority.  The Bill adds that upon approval by the Authority, all apartment owners must vacate their apartments to allow redevelopment.  
  • Alternate temporary accommodation or rent:  The Association of Apartment Owners or the developer must provide all apartment owners alternate temporary accommodation or rent in lieu of such accommodation.
  • Refusal to vacate may lead to eviction:  If an apartment owner refuses to vacate their apartment, the Association may request the Town Planning Authority to evict such apartment owner.  An eviction notice must be affixed on any part of the concerned apartment/building and shall be considered sufficient intimation.  The Bill also empowers the police to use reasonable force to enter the building/apartment to evict the owner.

 

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