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Vikram P   27 September 2023

Modifying/repurposing common area amenity

Hello sir/madam,

I live in a premium apartment society in Bangalore which provides several common area amenities such as swimming pool, tennis court, etc. There is a proposal from cricket enthusiasts to repurpose the tennis court to box format cricket for a specific tournament for couple of weeks. The tournament organizer's have agreed to bear the cost of converting it into mini-cricket ground and converting back to tennis court. This has been approved by the RWA without consulting the residents at large. The sale deed clearly states the land in question as tennis court (alone). It does not mention whether or not it can be modified.

My questions -

1. Does RWA have the right to reuse tennis court for another cause which was not designated for anything but tennis?

2. If RWA goes for a voting and they secure 51% or more residents vote in favor of modifying it for the purpose of cricket, is that legally allowed?

3. What laws or bye-laws specifically provide guidance on these aspects?

Thanks,

Vikram

 



Learning

 3 Replies

P. Venu (Advocate)     27 September 2023

Any suggestion depends upon the bye-laws of the RWA.

kavksatyanarayana (subregistrar/supdt.(retired))     27 September 2023

The society bylaws and the sale deed are to be verified to form an opinion.


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