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proengineers (Business)     03 April 2013

Apartment association denied to do alterations to my flat

Dear Experts,

The Sale Deed of an apartment there is a clause under:

THE VENDEE AS OWNER OF THE SCHEDULE PROPERTY SHALL BE ENTITLED TO HOLD AND ENJOY THE SAME SUBJECT TO THE FOLLOWING CONDITIONS:

vii. And further the vendee shall not demolish or cause to be demolished any portion or part of the SCHEDULE PROPERTY hereby conveyed to him/her/them nor shall he/she/they at any time, construct additional structures or effect alterations in the schedule property or cause such additions/alterations.

Viii. However the vendee can make such internal changes as do not adversely effect other residents of the Apartment or the main building.

Could you please provide your valuable suggestion to below queries:

1. With this above viii. Clause can I change/add the main door, if it does not cause any inconvenience to the other residents and the wall is not sharing with any of the neighbor and can we treat changing or adding the main door as Internal changes or will be considered as external changes

2. What step should I take get the permission to do if our association members denied my request, Do I need to get a approval from GHMC.

3. Can I approach legally

 

Looking forward for your valuable suggestions...

With Regards



Learning

 2 Replies

Sudhir Kumar, Advocate (Advocate)     26 June 2013

change of door does not appear to change the structure.  It depends what type and dimension of door you propose.  There may be some reasons for residents to object.

kuldeep (proprietor)     01 August 2014

As per the Maharashtra Apartment Ownership Act, 1970, the sequence of actions are contemplated as

  1. Builder/Promoter submits property to the purview of the MAO through the Deed of Declaration
  2. Builder/Promoter sells the property (in parts) and has the Agreements registered
  3. Builder/Promoter conveys the respective (part) properties & share of common areas to each purchaser through the Deed of Apartment
  4. (Sequence not specified) Builder/promoter forms Apartment Owners' Association

Questions

A) What if the Sales precede the Deed of Declaration - does the Builder/Promoter register unilaterally or do all the purchasers join within the scope of 'by the sole owner or all the owners" in registering Deed under the prescribed Form A? Subsequent to the sales, the Builder/Promoter is subject to the adverse dominant rights of the purchasers as encumbrancers. If, however, the purchasers are joining as "all the owners", does it conflict with 'conveyance' through the Deed of Apartments?

B) Will the Deed of Declaration be legally good if it does not attach all the Agreements for Sale?

C) Under the proposed new rules for Deemed Conveyance, what is the suggested process when the Agreements for Sale are subject to both the Maharashtra Ownership Flats Act, 1963 and the Maharashtra Apartment Ownership Act, 1970?

D) As the Deed of Apartments are with individual owners, is it mandatory that a Apartment Owners' Assoc exist prior to the registering of these Deeds?


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