Vidhi Codex

section 11

Contents of Declaration.

The Maharashtra Apartment Ownership Act, 1970
General197034 sections
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Statutory text
  1. (1) The Declaration shall contain the following particulars, namely :-
    • (a) Description of the land on which the building and improvements are or are to be located; and whether the land is freehold or leasehold 1[and whether any lease of the land is to be granted in accordance with the second proviso to section 2 of this Act] ;
    • (b) Description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is or is to be constructed ;
    • (c) The apartment number of each apartment, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification ;
    • (d) Description of the common areas and facilities ;
    • (e) Description of the limited common areas and facilities, if any, stating to which apartments their use is reserved ;
    • (f) Value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities, appertaining to each apartment and its owner for all purposes, including voting ; and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the Declaration ;
    • (g) Statement of the purposes for which the building and each of the apartments are intended and restricted as to use ;
    • (h) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town or village in which the building is located ;
      • (i) Provision as to the 2[percentage of majority of votes] by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destruction of all or part of the property ;
    • (j) Any other details in connection with the property which the person executing the Declaration may seem desirable to set forth consistent with this Act ;
    • (k) The method by which the Declaration may be amended, consistent with the provisions of this Act.
  2. (2) A true copy of each of the Declaration and bye-laws and all amendments to the Declaration or the bye-laws shall be filed in the office of the competent authority.

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