In a layout project spanning 25 acres, approved in 2012 by Anekal Planing Authority in Bangalore, 53.45% is residential area and remaining 46.55% is Roads, CA, parks and commercial area. Developer relinquished 46.55% of area to authority. Developer is building a park and a meditation centre in CA land. And a swimming pool in area marked as parks outside CA land. Meditation centre was not mentioned by developer in brochure. But developer is building it on one corner portion of CA land. As per zoning regulations, the owner or developer shall develop such civic amenities, the developed civic amenity site shall, ultimately, be handed over to local residents association and the mode of such handing over shall be decided by the authority. Developer agreed to transfer operation control of all civic amenities to association. 1. Can builder transfer complete operation control of civic amenities including meditation centre to association? If so how association can legalise verbal commitment of developer? 2. What is role authority within the context of "mode of such handing over shall be decided by authority"?
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1. Well, the sale agreement and the sanctioned plan is the key to your answer. On the basis of verbal commitment it is very difficult to implement the terms. The builder in all cases after full development and sale of area hand over the same to the owner's association.
2.The authority is mostly guided by the local law in this regard. It can either by formation of society or apartment owners' association.
1)builder shall obtain prior consent of authority to hand over civic amentiies to the association
2)authority may lay down terms and conditions for handing over civic amenities to the association
1.yes builder càn hand over the control of omplete amenities legàlly.
Builder càn make an agreement with the society on this handing over.
The authority whom the builder and society/or local residents body responsible is the local administration/or àn apponited government body , i.e,a s you mentioned Anekal plannig authority ,if it is under BBMP.
Unlike roads and parks, residents of layout pay high amounts towards maintenance of swimming pool and meditation center. Can handing over agreements be made to state some amenities exclusive to residents or pose restrictions on access with respect to timings to non-residents?
Handing over agreement can impose restrictions on access to swimming pool with respect to timings for non residents
The sites earmarked for the civic amenities (CA) in your area will have to be developed by the developer who has to hand them over to the registered residents’ welfare association (RWA) for the upkeep.
Not just that, the Authority has to ensure that the CA sites are handed over to the RWAs for maintenance after being developed as per the approved plan.
Though the authority has the right over the site after the developer relinquishes it, it cannot demand any lease or other charges from the developer or the resident welfare association while handing over the CA site to the resident welfare association for maintenance.
The Karnataka High Court has given these findings in this regard in its two verdicts in the litigation, in which the BDA’s action of asking the developers and the RWAs to pay huge rent to lease CA sites in certain group housing projects and layout was questioned.
Unlike roads and parks, residents of layout pay high amounts towards maintenance of swimming pool and meditation center. Can handing over agreements be made to state some amenities exclusive to residents or pose restrictions on access with respect to timings to non-residents?
Once the amenities have been handed over to the RWA by the authority after the developer relinquished the rights, the RWA for maintenance of the same may collect the amount as was decided and resolved in the AGM .
The other issues in this regard also shall be determined in the AGM of the RWA