The two plots thing is quite complex need to study entire facts.
The maintenance. Will be only applicable from date of. Possession
Gated Community Villas - Deviation from plan & Handing over Requirements
Ours is a gated community of villas. While the approval is taken for individual villas of certain numbers, few villas have been constructed on the plots meant for two (one villa in two plots). Though the villa area in sq ft has been reflected in property tax receipts, the builder is saying the approved drawing could not be changed now to show exact construction due to recent changes in local statutory requirements. Any request for re-approval would be treated for the whole drawing for the complex and while doing so, villas in other plots will appear as deviating as per new rule. In other words, villas on single plots are as per original approval but may not meet the requirements of recent revisions. Villas on larger plots are meeting the requirements of recent revisions but not as per original approval. The builder is saying, since the site has been visited by the authorities and property tax lists actual construction area, there will not be any issue. Request valuable opinions from the forum members. Couple of other related queries : - when one villa is constructed on two plots in a community, how the maintenance charges are to be divided? - Can the builder form the residents association and handover the common facilities to the association when some of the villas are unsold or not yet handed over to the owner? - If it can be done, how a villa nearing completion but not yet taken possession should be treated? Thanks in advance for the response. Mugundan
Asked 3 years ago in Property Law
Religion: Hindu
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5 Answers
1) maintenance would be charged plot wise . If you have 2 plots you will have to pay more maintenance
2) it is not necessary for all plots to be sold for builder to form association and hand over common facilities to association
3) once possession is handed over owner would be admitted as member of association
- When on villa is constructed on two plots , then it will considered as one unit then maintenance will be charged for one unit as well.
- Yes, it can be formed even there is unsold villas.
- They will have also pay the maintenance charge after forming the society after getting the possession of the villa.
Since the approval for villa construction has been obtain plot wise, the merging of two plots to construct a single villa is one's own desire and design.
Legally the owner has two plots on his name, hence he may be liable for maintenance towards two villas.
The association can be formed by the owners of the villas already constructed and the owners of the yet to be completed can join as members once they are taking possession of their constructed villas.
They will have also pay the maintenance charge after forming the society after getting the possession of the villa.
The common amenities can be handed over by the builder to the association even before completion of the construction of all the villas provided the amenities are completed in all respects.
Your maintenance charges will depend on the total number of square feet in your apartment. The builder shall hand over various documents to the association once the society is formed.
