JOHNSON (Partner) 05 January 2021
Portions of common terrace on the roof of the building have been included as cabanas as per the agreement to certain flat owners. They are charged as infrastructure costs. Is this legal? If not, under what Laws/section can action be initiated. What is the process of getting it back as common terrace for the society?
SHIRISH PAWAR, 7738990900 (Advocate) 06 January 2021
Hello,
The rooftop terrace is a common area that cannot be sold to anyone by the builder. You can take legal action against the builder and occupants of the common area. You can send a legal notice to the builder and a complaint to the town planning department about the illegal activities of the builder.
Dr J C Vashista (Advocate) 07 January 2021
What do you mean to say from the word "cabanas" used in the post ?
Roof can not be included in Sale deed as it forms part of common area if it is a society flat/ house and not a stand alone premises.
JOHNSON (Partner) 08 January 2021
Help need to know the Law, Section, Rule, Clauses, town planning rules, case laws etc to file the complaint. Cabana is a portion of the Terrace that has been enclosed with a partition and closed with a door, but with no roof, for the exclusive use of the flat buyer in whose agreement it is included. A sink cook top and a light has bee provided in this enclosed space. It is not available for use by any other owner/share holder of the society. Society has not charged then anything for this extra space in the maintenance invoice calculations so far as it may provide some legitimacy.
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