These illegalities should not be ignored and notice should be given to the builder through an advocate. Also the registrar of society shoukd be informed of these acts.
Regards
Converting Multiple Standalone Apartments to Gated Community
Hi, Our Builder has taken permission from the local government body to construct apartments as standalone structures. Now he has built 2 more standalone apartments and trying to combine pur apartment along with every other apartments and showcase the same as gate community. He has already removed the boundaries of apartment. There is no common water supply, no Sewage Treatment Plant or any permissions from the government to do so. He is now forcing us and rest of residents to making amenities common and leverage on the rate per square foot sale. 1 stand alone apartment is 4 years ols, 1 years 2 years old before GST. 2 More are with RERA registration. Also by combining the community, he would be occupying some of the govt land which otherwise are roads. Now he would like to use them as internal roads. Our 4 stand alone apartments are in the corner bit of the local colony layout which he is taking advantage of.
Asked 6 years ago in Property Law
Religion: Other
13 Answers
You can refuse to be part of gated community
you can form separate cooperative housing society of your apartment flat owners
3) call upon builder to form cooperative housing society of flat owners and execute conveyance deed in favour of society
4) if he fails to do so file complaint against builder before consumer forum and seek orders to direct builder to form cooperative housing society of flat owners of your building and execute conveyance deed
What do you want to clarify bt this post.
Are you opposing his move or supporting it?
Whether the builder is having a proper sanction or approval from competent authorities?
You may revert with your proper query for more proper opinions.
All the members can refuse to get combine with other apartments and can form their own association. Once all flats/majority flats sold in apartment, builder has no say.
Can erect boundary to separate the 4 buildings from others, builder cannot obstruct, if members of apartment are together.
1. Write a complaint to the local Town Planning Dept. (collector office), about the illegal & unauthorized activities and encroachment of Govt. Land and also about the lack of basic essential facilities (sewage, water, road etc.... )
2. Dept., would initiate investigation and file prosecution and order for restoration of original layout.
Our Apartment is a stand alone apartment with 45 units. We have registered an independent association of residents. A majority of residents do not oppose the Builder as the builder is showing them freebies like swimming pool, large community hall etc.,. I am opposed to this being a gated community and would like to have it structured as approved by the government. What option do I have as I am opposing the majority members of the association. Does the Association have a right in approving the builder to combine with other apartments?
Asked 6 years ago
If majority of members are in favour of gated community and resolution has been passed in AGM to that effect it would be binding upon you
2) builder is offering flat owners benefits like swimming pool , community hall then majority of flat owners would like to join gated community
3) you can challenge said resolution before district court and seek injunction restraining your association from joining gated community
Association has it`s own rules and can decline builder offer.
1. Association is not a constitutional authority and neither it has any say in matters related to Town Planning Dept., or local Municipal Corporations (constitutional authorities).
2. Legally, a suit will have to be filed in local Civil Court, and seek restraining orders on the Builders illegal activities and also for directions to the aforementioned dept., to see it restored to its original sanctioned plans.
The association, if a registered body, then it will conduct a general body meeting basing this as primary agenda.
If a resolution is passed by the majority members then it becomes a bylaw.
However, if this is contradictory to the existing rules or law, then you may record your objection and issue a legal notice mentioning that the move approved in the meeting is illegal hence not enforceable, therefore the association should not support this move proposed by the builder which is against the interests of the members as well as against the local law.
If there's no positive reply from association, you may draft a strong complaint venting out your grievances which should include the proposed illegal activity by the builder which is contradictory to the existing law and rules, hence to initiate immediate and strong action to curb this menace.
If the local civic body is also not responding favorably then you may approach the cooperative court with a permanent injunction suit against the builder on the same lines, in which the association may also be impleaded as necessary party for relief and remedy.
Well the will of the majority prevails but tsht does not mean that the majority can di anything which is either illegal or not approved. Therefore approach appropriate authorities and give a complaint to this effect.
Hello,
It's totally illegal and you must alongwith other like minded owners of the flat Lodge a complaint one with RERA and another with the District Magistrate stating that there is a encroachment of public property .
Regards
You can oppose the decision of the association before court and stay it. For speedy things writ petition will be ideal before high court
1. If you want to stop Builder to combine the standalone apartments with newly build apartments then you should file suit against builder for diverting from original layout.
2. Also in your case take ground that builder is trying to occupy govt land as apartment streets.
3. Yes association with majority of members in their favour can allow builder to combine with other apartments
