• Modifications to a house in gated community

I have purchased a villa in a gated community developed by a private developer in Bangalore. I wish to make minor modifications to the villa like changing the colour of the exterior wall, putting up glass instead of a wall, covering a verandah with glass walls. The developer had an agreement signed with me that I cannot make such changes. I wish to ask what legal recourse do I have if I wish to make such changes.
Asked 4 months ago in Criminal Law from Bangalore, Karnataka
Religion: Other
You cannot make any changes in external facade 

2) your agreement specifically provides no such changes can be made 

3) wait for society to be formed of all villa owners the with society permission make changes 
Ajay Sethi
Advocate, Mumbai
23318 Answers
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Once the ownership passes to the buyer he is the master of the property who can introduce any changes in it. A condition like the one prescribed in your agreement is contrary to the basic rights of the title holder, You are free to make the changes. If the developer goes to court to seek injunction against you then contest his suit fittingly on merits. 
Ashish Davessar
Advocate, Jaipur
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Do not rush to make such changes just now. Wait for completion of the whole project.
Once the developer finishes the project and deliver possession in whole to all the  owners then go for its change.
For installing glass fittings you do not require any permission.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
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A residential area with controlled access is what a gated community is all about. Usually meant to protect the privacy and safety of residents, these communities have become increasingly popular in today’s society with rising levels of crime.

Gated communities have a higher standard of home quality and a strict building code, which gives a basic uniformity in design to the entire community. 

Gated communities have deed restrictions that limit your ability to paint, renovate, or otherwise alter your home. 

Many also restrict the number and type of vehicles you can own by requiring indoor parking, as well as the landscaping features you can have. 

They also tend to add another layer of authority, in the form of rules, regulations, associations and deed restrictions,

Thus in such gated community residence, you may have to abide by the conditions of the sale deed.  
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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