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MSWA Demands Bill For Equal Rights Of Flat-Owners In Society Laws



MSWA Demands Bill For Equal Rights Of Flat-Owners In Society Laws

A group of housing societies in Pune have grouped together to prevent misuse of the Maharashtra Apartment Ownership Act and introduce some reforms in it.

The Maharashtra Societies Welfare Association (MSWA) in Pune has decided to submit a private bill before the Assembly in the upcoming winter session. With the goal of preventing the misuse of Maharashtra Apartment Ownership Act and add reforms to it, the association has approached the Rashtriya Samaj Paksha MLA, Rahul Kool. Rahul Kook is in talks with Maharashtra Chief Minister Devendra Fadnavis.

This bill will demand provision in the act that will stop the project developers from registering one-sided deeds of declaration. At present, the developers register the deed of declaration before the deputy registrar of the department of co-operation without any consent from the flat owners. Also, developers establish their right on open space, parking, terrace, and increased FSI (Floor Space Index).

After the deed of the declaration has been registered as an apartment, the flat owners lose the chance to change the status. They are forced to approach the civil court, which is both time-consuming and hectic.

Rahul Kool said, “I have urged the CM to consider the private bill on a priority basis in the coming assembly session, which will start in November. The developers take advantage of provisions in the law, register a single-sided deed of declaration and loot the flat owners. The latter must have the right to choose their own options. We have also demanded that apartments be included in the proposed separate department which will be created exclusively for dealing with issues regarding housing societies”.

The residents have also demanded that the deed of declaration of an apartment should happen only when 61% of the flats have been sold with the mandatory consent of apartment owners. It also demands a provision through which a majority of apartment owners will get the right to change the status from apartment to housing society.

Yuvaraj Pawar, President of Pune branch of MSWA said, “we need a law that provides rights to the flat owners. The act provides exclusive powers to the developers who take advantage of the situation to earn profits. They don’t allow the owner to take benefit of the FSI in case of development. There are judgments by the Bombay High Court in favour of the flat owners, where the court has allowed them to form a housing society. This bill will create a law. We wanted to make the procedure easier if flat-owners want to change the status from the apartment from society. The one-sided deed of the declaration must be canceled if the majority of flat-owners give consent”.

Arun Kumar, MSWA said, “the deed of declaration should not occur without the consent of the owners. This should not be allowed till 61% of flats have been sold. A number of apartment-owners from the city are now making rounds of the court to convert their apartments into a registered housing society. However, the developers delaying and multiple appeals keep the issue in a limbo for years. This bill will make the procedure easier”.

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