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In light of the evolving housing needs in Maharashtra, the state's Housing Federation is actively pushing for crucial amendments to the Maharashtra Apartment Ownership Act of 1970. Their objective? To facilitate the swift redevelopment of aging ownership apartments within cooperative societies.
The federation's call to action isn't without groundwork. Earlier this year, a dedicated 15-member committee formulated and delivered a proposal to the state government. Their recommendations primarily revolved around two aspects: clarifications pertaining to common areas and the empowerment of apartment owners to undertake self-redevelopment.
Maharashtra, with its burgeoning urban population, has approximately 100,000 buildings governed by the Apartment Act. Of these, 15,000 are situated in the Pune district alone. In a recent move, the state cabinet greenlit an amendment to the Act, aiming to expedite redevelopment by allowing the eviction of members who pose hindrances. Federation members are optimistic about the government embracing other suggested changes as well.
Condominium residents under the Apartment Act stand to gain significantly from these proposed amendments, a federation representative conveyed to the media. The 15-member committee, spearheaded by then-divisional joint registrar Jyoti Latkar-Mete in 2020, concluded their proposal by 2021 and forwarded it to the state's cooperation department by April. However, a formal response from the state regarding the committee's findings remains awaited.
Shreeprasad M. Parab, a committee member and the expert director of Maharashtra State Housing Federation, emphasized the pressing need for these amendments. He pointed out inconsistencies within the Act and its preamble.
One notable recommendation from the committee pertains to the ownership rights of apartment residents over common areas like gardens, terraces, and parking spaces. Parab highlighted their call for the revocation of this provision, labelling it as "unlawful" and not aligning with the Unified 2020 DCPR guidelines. Additionally, the committee suggested replacing the value-based stake of apartment owners in common areas with an area-based approach, ensuring equitable rights based on individual apartment sizes.
Suhas Patwardhan, the Vice-chairman of the Maharashtra State Housing Federation, expressed hope about the government's positive reception to the committee's suggestions. On the other hand, MK Rao, an apartment association member, sounded a note of caution. He believes that while the intent behind the proposed amendments is to pave the way for redevelopment, evicting obstructionist members could lead to legal complications, potentially stalling the process.
In conclusion, As Maharashtra grapples with urbanization challenges, amendments to its Apartment Act could be pivotal. The State Housing Federation, backed by a dedicated committee, seeks to bring about changes that prioritize apartment owners' rights and facilitate redevelopment. The ball is now in the government's court.
This story was earlier published in ET Realty & Times of India (TOI)
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