By Admin | 
If you own or plan to buy a flat in Maharashtra, understanding how ownership actually works is crucial. Many people believe owning a flat means they own that piece of land, but the law defines it differently. The Maharashtra Apartment Ownership Act lays out the real meaning of ownership, how societies should function, and what your legal rights are as a resident or buyer.
This law, passed in 1970, ensures that every apartment is recognised as a distinct property with an undivided share in the building’s common areas. It protects buyers from uncertainty and sets clear rules for property management, redevelopment, and maintenance.
The Apartment Ownership Act of Maharashtra came into force in February 1971 to give apartment owners full, heritable, and transferable rights. It means that each flat is treated as an individual immovable property, just like a bungalow or a plot.
The Act ensures:
Under the Apartment Ownership Act, 1972 framework (commonly searched through the Maharashtra version is from 1970), the law clarifies that flats can be sold, mortgaged, or inherited with clear title records.
The Maharashtra Apartment Ownership Act applies when:
It is not automatic. For the Act to take effect, owners must opt in by registering documents and creating an association. Buildings can also opt out later through a written resolution approved by a majority of owners, with creditor consent if required.
The Act gives every owner two types of rights:
This share cannot be sold separately from the flat. It stays tied to ownership and determines how maintenance costs are shared.
Owners also have the right to:
They are responsible for:
Once five or more owners register their apartments, an Association of Apartment Owners (AOA) can be formed. This group manages the property’s shared responsibilities.
Key functions include:
Every owner becomes a member of the AOA automatically after executing the deed of apartment. The bylaws guide how meetings, budgets, and elections are conducted. Amendments to bylaws require approval from a majority of owners, often around 75 per cent.
No builder or promoter can make changes to a flat’s layout or structure after sharing the plans with buyers unless the owners approve it. The Act also states that if any construction defects appear within three years, the builder must fix them or compensate the buyer.
Redevelopment can begin when:
The process requires approval from most owners and a formal redevelopment plan. All residents must vacate once the Planning Authority approves the project, ensuring safety and smooth execution.
In case of disagreements, owners can approach the Registrar of Cooperative Societies. Disputes are usually resolved within thirty days, and appeals can be made to the Cooperative Court.
The Apartment Ownership Act works alongside other real estate laws in Maharashtra. Understanding their differences helps owners know which one applies in different situations.
| Law | Purpose | Applies When | Focus Area |
|---|---|---|---|
| Maharashtra Ownership Flats Act (MOFA) | Protects buyers during construction | Sale and possession stage | Builder obligations |
| Real Estate Regulation Act (RERA) | Promotes transparency in projects | All registered developments | Developer compliance |
| Co-operative Societies Act | Governs housing societies | Post-possession | Group management |
| Maharashtra Apartment Ownership Act | Defines apartment rights and AOA governance | Post-registration | Ownership and maintenance |
Together, these laws create a framework that safeguards homebuyers and ensures fair property management.
The Maharashtra Apartment Ownership Act remains one of the most important housing laws for anyone living in or buying an apartment in Maharashtra. It clearly defines ownership, rights, and community responsibilities, making urban living more structured and secure.
At Pharande Spaces, we believe that awareness of such laws helps homeowners make confident decisions. Our project Puneville in Punawale follows transparent documentation and compliance practices that align with the Apartment Ownership Act of Maharashtra principles. For those exploring 2 bhk flats in Punawale, understanding how the Act safeguards your rights adds another layer of assurance.
As one of the trusted real estate developers in Pune, Pharande Spaces continues to focus on creating communities where legal clarity and comfort go hand in hand.
By Admin