Rights of an aparment association vis-a-vis its builder
Savithri
(Querist) 07 August 2009
This query is : Resolved
Sir
we are one of the owners of an apartment of which few flats are yet to be sold by the builder. The owners have decided to form an association and have it registered. once an association is formed what rights the builder have w.r.t the following:
1. Can he make an alteration / build any structure in the common area?
2. Each apartment owner has paid separately for car parking space, any excess parking space available after providing each apartment owner one parking space can it be sold by the builder to any third party?
3. Does the association have rights to stop the builder in case he indulges in any of the above acts? does the position of the association change in case it is not registered?
Regards
R.R. KRISHNAA
(Expert) 07 August 2009
The builder has no right to make alterations in the common area as the other existing owners have equal rights in the common area.
Your second query will be depend on the future circumstances.
The association has every right to stop the builder from encroaching the common area and acting against the interests of the existing owners.
It is always advisable to register the association because registration provides various other benefits.
Savithri
(Querist) 07 August 2009
Sir
Thanks for the reply.
This is the first time iam raising a query in the last 5-6 months. My only earlier query was on deviation in floor and bank loan being rejected on that count.
In the present case the builder says the parking space after alloting to the owners will be given for rent by him to third party. Also the security space he wants to demolish and build a smaller one and rent the remaining space as parking.
To the extent of aprtments not sold can he say that the common space for the same is being used by him in the above ways.
Please clarify.
sanjeev murthy desai
(Expert) 07 August 2009
1. Can he make an alteration / build any structure in the common area?
Ans: Builder dont have any rights but Owners association can make alerations as per by laws and 2/3 majarity of Members.
2. Each apartment owner has paid separately for car parking space, any excess parking space available after providing each apartment owner one parking space can it be sold by the builder to any third party?
Ans: Owner and Builder have the rights to sold the execess spaces of the land to the third party.
3. Does the association have rights to stop the builder in case he indulges in any of the above acts? does the position of the association change in case it is not registered?
Regards
Ans: Yes association has the rights but it should be registered otherwise association dont have any entity.
sanjeev desai
