Hi
I would like to seek your advice on how to deal with common area encroachment of “Association Room” in stilt.
Background: Our apartment is built in 2011 over 539 sq yrds land area, standing on 4 story building each floor having 3 flats (2 are 1400 sft and one with 1700 sft ) with all 12 flats has designated car parking on stilt. The builder entered into Development agreement with 2 land lords with 50% share that means 6 flats for builder and 3 each for both land lords. They have also agreed to build small 3 pent houses for each which was illegal as per approved development plan. Now that builder sold out all his 6 flats and both Land lords sold 2 flats from their respective quota and residing in their own 2 flats. There were 2 Rooms in Stilt, one for Watchman and another for Association room.
In order to make money, builder sold his portion of pent house as well and now he is requesting all residents to allow him for a 13th parking in stilt. Initially all residents of our apartment were not interested but later both land lords made deal with builder in a way that they will allow this 13th parking inside only when the association room in stilt will be completely belongs to both the land lords. Now questions are:
1. A. Is it possible for both builder and land lords to encroach the common area “association room” into their own property?
2. B. What action/ next steps can be taken by rest of the owners?
