Pune: Apartment owners in Maharashtra may soon be able to recover pending maintenance dues through the Registrar instead of going to court, if a key amendment to the Maharashtra Apartment Ownership Act, 1970, is approved. However, the state government has delayed its approval, causing concern among residents.
Under current laws, if a resident refuses to pay maintenance, the only available option is to file a case in court. This process is often costly and time-consuming, affecting other residents in the building.
To address this issue, a government-appointed committee, led by the Cooperative Commissioner, recommended that registrars be given the authority to recover maintenance dues. The report was submitted to the Housing Department six months ago, but approval is still pending. If passed, the amendment will provide significant relief to apartment owners.
Committee’s Recommendations & Legal Changes
The 12-member expert panel, set up by the state government, has recommended several amendments, including:
Empowering the registrar to recover maintenance dues instead of requiring legal action.
Introducing a grievance redressal panel with officials, a lawyer, and a chartered accountant.
Streamlining complaint resolution to reduce delays and costs.
Long-Standing Delays in Implementation
Two years ago, the Maharashtra government gave the Cooperative Commissioner the power to handle resident complaints. However, the Housing Department failed to issue a necessary decentralization order, which has delayed effective implementation.
With this new amendment proposal, if approved, these issues will be eliminated, and apartment societies will have an easier and faster way to recover unpaid maintenance.
How the Proposed System Will Work
A Grievance Redressal Panel will be set up for resolving apartment disputes.
The panel will include officials, a lawyer, and a chartered accountant.
Financial complaints will be reviewed by the chartered accountant.
Legal disputes will be referred to the lawyer.
The panel will investigate and issue a decision.
If a resident disagrees, they can appeal to the Cooperative Court.
