• Who has ownership of club house in a residential society?

Who has ownership of a club house built in a residential society? Is the builder obligated to transfer it to RWA after the construction is completed or can they retain ownership and give only right of membership to flat owners.

My AOS has a clause about club house stating the following

"The vendors shall provide club house for owners or occupants of the residential units in the township and provide recreational facilities. The right of the purchaser on club house property shall remain restricted to use only the facilities provided by teh club subject to its availability and functioning. The purchaser by virtue of purchasing the schedule property shall be entitled to utilize the facilities provided by the club on payment of service charges, etc., as prescribed by the management of the club from time to time. However, the membership in the club shall automatically be terminated to as and when the Purchaser ceased to be the owner of the apartment."

This makes it very clear that the flat owners are only getting membership to use the services provided by the club and the ownership resides with builder. 

However, there is a debate among the flat owners on whether club house has to be handled over to the RWA. Note that some of the older buyers may not have any clause about the ownership mentioned in their AOS document. 

So, here are the questions.

1. Is the builder obligated to handover the ownership of club house to RWA irrespective of what is written in the AOS.

2. What is the default stance when nothing about ownership pattern is mentioned in the agreement?

3. Can the builder give club house membership/access to outsiders (other than flat owners)?

4. Can the builder sell part or whole of club house to another entity? In that case, would the obligation to provide membership transfer to the buyer and does the flat owners have any say in the sale. What are the rights of the flat owners in this matter.
Asked 4 years ago in Property Law
Religion: Other

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9 Answers

1) builder is not obligated to hand over ownership of club house to RWA

2)builder can give access to outsiders

3) in the event of sale purchaser is obligated to provide membership to flat owners

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1. Yes the rights of the club house along the ownership has to be transferred to the RWA as they shall have right over the common area of the society.

2. It has to be handed over to.society when rights.to the association are handed over by the builder. Builder retain no interest when the society is handed over.

3. No it.cannot be given.

4. It cannot be sold it is part of.the common area and all.the owners have uds in the club house area.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. From the title deed as it appears the builder has retained the possession and title of the club house. Whether it can do so or not would depend on it's sale brochure.

2. Refer to local laws if any on this.

3. No, it's not permissible.

4. No, it can't. Technically there is no restraint t but the publicity while selling g the flats was so.wthing else then you can consider ring a case before the consumer forum. Since the club house is meant for user of fair owners then outsiders can not have it's access.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello sir , as per RERA ( real estate regulatory aithorit) the builder after recieving OC ( occupation certificate ) has to handover the maintanace to RWA .. The club is also likely to stay under the supervision of RWA

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Firslty, as per the clauses which you have stated in your query it seems that the ownership may be with the builder only.

Secondly, though the using right is given to the club without any condition as well as to the members of the society.

Thirdly, no, it is only for he flat owners, it can’t be done as to allow someone else.

Fourthly, not at all, he can’t even sell to anyone as this property os into for he flat owners, and to those in future who may buy flat.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hi,

The builder is under obligation to handover the club house to RWA. As a default the members of the RWA may use the facility and pay the maintenance charges. The outsiders may not be allowed as members. The sale to outsiders not permitted.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. the cost of maintenance of reserved amenities such as covered parking, club house, gym, swimming pool, indoor games, theatre, etc, cannot be passed on to other owners who had not subscribed to these benefits.

The builder has to handover the same to the RWA.

2. The RWA will be the custodian of such amenities.

3. It is not allowed, it is not open to public.

4. If the club house is part of the RWA then the builder cannot sell a part of the club to the third party.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

club house forms part of the common areas

builder has to convey the same with the land, society building and other structures to RWA

builder cannot retain ownership of the club house with himself and induct outsiders for club membership

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Please note that in a cooperative society the club which is maintained by the Builder provides membership to the residents of the Housing Society

if the Builder transferred the Clubhouse to the resident welfare Association this is the responsibility of the Welfare association to run the Clubhouse by providing membership of club to all the resident members for which they have already paid to the Builder this is the property of resident welfare Association on behalf of the apartment owners the Welfare Association can put the charges on usage of the Clubhouse by the residents for the maintenance of Clubhouse and allied facilities

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

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