1) development agreement between builder and landowner for development of plot would be binding upon parties
2) as per terms of agreement landowners can have more than one parking slot
Can a builder and landowners agree upon land owner getting more than one car space at the time of development.the apartment we live in has 4 extra car park spaces one is under association and three are allotted to land owners who already has car parking along with their flats.meaning for one flat they got 2 car parks.When we approached the association they say that such agreement has been done prior to the construction.is it even legal
1) development agreement between builder and landowner for development of plot would be binding upon parties
2) as per terms of agreement landowners can have more than one parking slot
The builder at time of making the agreement of joint development can keep such clause and further all the owners and association can be intimated of same.
Dear Client,
Such agreement was prevailed before you purchased the flat and it will be assume that this was agreed to you. IF it is open parking than comes under common area and hence such agreement is not valid. One cannot get specific right in common area meant for use of all members.
In accordance with the Apartments Act, car parking slots available in any society, constitute a part of the society's common area. Going by this, the landowner and the builder/developer could not have pre-decided on the issue of allotment of car parking slots.
Take this up with your RWA, and in case they fail to redress the issue, you will have legal remedies at your disposal.
1) If in redevelopment agreement it's mentioned that car parking goes to owner a certain amount of share than owner has rights on it.
If it is mentioned in the development agreement signed between the builder and the land owners and duly executed, then it will be fully binding and enforceable in the eyes of law.
Yes, this agreement is legal reached prior to the construction, if not then also it is legal because the parties reached to the terms and conditions between them for a work to be completed in true meaning of the spirit.
Dear Sir,
If any of the the inmate of apartments is not getting car parking inspite of his demand then it is an issue to be decided by Deputy Registrar of concerned department. You can raise question in the general body meeting to cancel such arrangements may be prior to constructions because the apartment will be constructed with an intention to give welfare to the residents equally and at the cost of residents the owner cannot enjoy.
Has the said parking lot been sold to them or they have just been allotted without any consideration ?