- This Act applies only to property, the sole owner or all of the owners of which submit the same to the provisions of this Act by duly executing and registering a Declaration as hereinafter provided:

Provided that, no property shall be submitted to the provisions of this Act, [unless used or proposed to be used for residence, office, practice of any profession or carrying on any occupation, trade or business or for any other type of independent use:] [These words were substituted for the words 'unless it is mainly used, or proposed to be used for residential purposes' by Maharashtra 53 of 1974, Section 2.]

[Provided further that the sole owner or all the owners of the land may submit such land to the provisions of this Act with a condition that he or they shall grant a lease of such land to the apartment owners, terms and conditions of the lease being disclosed in the Declaration either by annexing a copy of the instrument of lease to be executed to the Declaration or otherwise.] [This proviso was deemed always to have been added by Maharashtra 6 of 1974, Section 2.]