Residential society
sanjeev
(Querist) 31 May 2009
This query is : Resolved
I live in a residential society for the last 18yrs the promoter builder has not got the building registered as a coop or an apartment society recently he has gone and sold one of our terraces to a flat holder when i have it in writing that the terrace and parking is common for all flat holders. the terrace owners conduct commercial activities over there can they do that and can the builder sell the terrace which is common property
A V Vishal
(Expert) 31 May 2009
Dear Sanjeev,
It is a common problem faced by lakhs of flat owners, wherein the builder raises un-authorised structure on the terrace and sells them in blatant voilation of muncipal laws, It is difficult to curb such practise due to rampant corruption, However, in absence of a society also, the builder cannot sell the common areas to his whims and fancies. In order to initiate action first correspond with the builder, if he does not respond complain to the muncipal and town planning authorities and despite that if no action is initiated approach the court seeking direction in form of injunction against alienation of common area and unauthorised construction. Further, all the owners can form a society of the apartments without the intervention of the builder.
