Leasing/renting of common areas in apartment by developer
N Krishna
(Querist) 22 November 2017
This query is : Resolved
I am in process of buy an apartment in Bangalore. In the agreement copy there is a clause that "Developer will hold the right of leasing or renting the common areas of apartment for additional income and owners should not have an objection for this"
As i understand, the common areas are collectively owned by the apartment owners as we have paid for super build up area. Is the above statement in agreement valid as per the law ? Developer is refusing to removing this clause from the agreement
Ms.Usha Kapoor
(Expert) 23 November 2017
yOU FILE A CASE IN high COURT OR A COOPERATIVE COURT THAT THE DEVELOPER IS DEMANDING LEASING OR HIRING RENTALS WHEN IN ACTUALITY THE COMMON AREAS ARE OF PROPERTY OF apartment OWNERS AND YOU PRAY FOR REMOVAL OF OFFENDING CLAUSE IN THE AGREEMENT BY STRIKING DOWN AS IT IS ILLEGAL AND OPPOSED TO PUBLIC POLICY.
Ms.Usha Kapoor
(Expert) 23 November 2017
You can even file a WRIT IN high court such as MANDAMUS OR certiorari seeking directions to developer not to impose heavy costs on land purchasers or flat purchasers which is illegal and any such thing is there you take loan of bank./. After hearing both the sites if the court using its discretion gets Justice done.
Ms.Usha Kapoor
(Expert) 23 November 2017
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Ms.Usha Kapoor
(Expert) 23 November 2017
If you appreciate my above answer please give me likes.
N Krishna
(Querist) 23 November 2017
Thanks for your advice
Ms.Usha Kapoor
(Expert) 23 November 2017
I'm sorry! Writ can't lie against a private individual. It would lie against Public Authority or any other authority which comes within the definition of a "State".
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