Representatives of Akhil Bhartiya Grahak Panchayat, Maharashtra Societies Welfare Association, Flat Buyers group had a meeting with Hon MLA Mr Atul Bhatkhalkar at his Kandivali office today. Mr Bhatkalkar is the General Secretary of BJP Maharashtra State Unit.
Mr Vishwas Chavan,Mr Ravindra Sinha, Mr Sudhir Deshmukh,Mr Raju Natrajan from Pune , PCMC Hsg Federation ,Mumbai were part of the delegation who met him.
The Hon MLA was supportive of their petition seeking immediate amendments to the outdated and undemocratic Maharashtra Apartment Ownership Act 1970.
It was brought to the notice of the Hon MLA that developers were registering and forming apartment condominium without consent of the majority of flat buyers which is in contravention of various laws .
Also the terms of such declaration were illegal and one sided in favour of the builders. Many builders have registered deeds with clauses which illegaly stake their claim on terraces, parking's ,open areas . Such clauses are in contravention of the MOFA Act 1963 and Consumer Protection Act
According to the Indian Constitution (97th Amendment Act, 2011) forming a Cooperative Society is a fundamental right of a citizen under article 19(1)(i).
By forcing flat owners into accepting apartment condominium instead of Cooperative Society the builders are violating the fundamental rights of the flat owner.
Apartment Associations do not have a appeleate authority and internal disputes like recovery of overdue maintenance dues have to be filed in civil court which is time consuming and expensive.
The conveyance process of transfer of land in the name of flat owners association is not defined and apartment owners are made to run around by authorities. Builders do not provide any original documents to the apartment association and dont cooperate.
MLA Atul Bhatkalkar assured the representatives that he will take up the matter with respective ministries and the Chief Minister.
A private bill for amendment of the Maharashtra Apartment Ownership Act 1970 will be introduced by Mr Rahul Kul, MLA in the upcoming winter session of the legislative assembly to protect the rights of the flat buyers.
The bill seeks to introduce an amendment that the apartment act is defined and limited to an apartment complex or building with min 5 flats and maximum 9 flats.
Also another important amendment seeks formation of cooperative housing society by an existing apartment condominium is to be permiited with consent of simple majority of flat owners.
Further the cancellation or amendment of the existing deed of declaration should be permitted with consent of simple majority of flat owners
The online petition on Change.org https://goo.gl/pvgcS6 seeking amendment of the Apartment act has received about 1300 signatures and various citizen groups and flat owner groups across Maharashtra have extended their support.