Difference between two acts
Suryakant Chaubal
(Querist) 18 May 2014
This query is : Resolved
From : Prof Suryakant Chaubal
Flat No. 105, Neeta Chambers,
Shivajinagar,
PUNE 411005.
Cell : 9890041324
Dear Sir
(1)In the State of Maharashtra, there are two laws for the governance of housing compleses. (1) "Maharashtra Ownnership Flat Act, 1963" and (2)“Maharashtra Apartment Ownership Act, 1970”?
(2)Please point out salient differences between the two acts.
(3)How does one justify “Non-Occupancy Charges”? If the owner does not occupy the flat and either keeps it vacant or gives on rental, in what way this puts extra burden on the society for maintenance? On the contrary, if the flat is not occupied there is no consumption of water and there is no generation of garbage.
(4)The Association of Condominiums, where I own a flat and have given on rental, charges separately for maintenance of Club House, Gym, Swimming Pool, Garden etc. In spite of charging “non-occupancy charges” the Society does not allow these facilities to tenants. Can this be justified?
(5)Is there any way to redress grievances under 1970 Act?
In this respect, I received a communication, the relevant part of which I am reproducing here ;
Under 1963 Act the builder makes the sale deed with the Society and the Society becomes the owner of the land, all constructions on the land and all the flats. The flat owner gets only the occupation rights.
Under 1970 Act the builder makes sale deeds separately with each apartment owner. You become the owner of the flat and you are free to do whatever you want to do with your flat. You may give it on rent or
sell it off.
Under 1963 Act, once the Society is formed, the managing committee prepares by-laws which are applicable to all members. According to these bye-laws Society puts various restrictions on the members. For
example, if you want to give your flat on rent, you may have to take the permission of the Society. The Society may not allow the tenants who are a group of students, or a group of bachelors.
If you want to make any changes in the interior, you will have to take the permission of the Society. Remember that the building belongs to the Society and not to you.
If you want to sell the flat, you will have to get approval from the Society. The Society may not accept the buyer as a new member if, for example, he belongs to (or does not belong to) a particular community.
In most of the Housing Societies, according to their bye-laws, transfer fee is charged when a member sells his/her flat. The transfer fee may be 10% to 25% of the sale amount. The transfer fee is to be paid to the Society by the buyer or seller or be shared by them. The Society in Pune city, where I have a flat, charges 10% transfer fee.
Under 1970 Act, you are the owner of the flat and not a mere occupier. You are free to rent it out to any tenants. You don’t have to pay transfer fee if you intend to sell your flat. Nobody can interfere
with your affairs.
If you give your flat on rent under Leave and License agreement, and the tenant does not give you the possession when the agreed period is over, according to the new law getting possession through court is
easy and takes very short time.
The above-mentioned differences are pointed out to me by my advocate friend, who has specialization in Co-operative Societies Acts in Maharashtra.
Sincerely
Suryakant Chaubal
Pune
Dr J C Vashista
(Expert) 19 May 2014
It is an acedemic query.
You have posted this query on a wrong platform.
V R SHROFF
(Expert) 19 May 2014
q: (3)How does one justify “Non-Occupancy Charges”? If the owner does not occupy the flat and either keeps it vacant or gives on rental, in what way this puts extra burden on the society for maintenance? On the contrary, if the flat is not occupied there is no consumption of water and there is no generation of garbage.
ANS: BY KEEPING TENANT, U ASK SOCIETY TO SERVE OUTSIDERS.
So Society charge you 10% extra service charges as NOC; being part of member's profit.
Whenever the Flat is vacant, inform Society in writing, and NOC will not be charged.
bal query is too long// academic.. to answer..
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
As rightly observed and opined, the query is too lengthy and academic, what is the real problem faced?
