Post Society formation builder sold stilt areas rooms for common areas as flats
2 years ago
The original plan had 250 flats (2008). Post society formation (2013), the builder repurposed/converted Stilt rooms into flats and sold another 10 flats. and has shared an updated design (dated 2015). MC didn't raise any objection rather brought a resolution 3 years later (2018) to increase share capital increased. 1) Can the builder repurpose rooms for common uses under MOFA/MRERA without permission from all owners who had booked? 2)Can this be done post society formation, as all assets are transferred to society and only unsold inventory is owned by him? 3) What is the period of limitation for the cause of action arises for a)society, b) owner of normal flats and c) buyers of these repurposed flats? 4) Can he get a general clause use in agreement saying " he has right to change construction as he deems fits"? 5) What are the options available for individual owners (regular) and society? In case MC doesn't pursue or shows disinterest options available respective owners.
A.Dear Sir,
My answers are as follows:
1) Can the builder repurpose rooms for common uses under MOFA/MRERA without permission from all owners who had booked?
Ans: He cannot do so without permission MOFA/MRERA.
2)Can this be done post society formation, as all assets are transferred to society and only unsold inventory is owned by him?
Ans: You cannot do so.
3) What is the period of limitation for the cause of action arises for a)society, b) owner of normal flats and c) buyers of these repurposed flats?
Ans: From the date of knowledge cause of action arise to each party.
4) Can he get a general clause use in agreement saying " he has right to change construction as he deems fits"?
Ans: It cannot give any permission to change the nature of building. In particular he cannot form such rooms.
5) What are the options available for individual owners (regular) and society? In case MC doesn't pursue or shows disinterest options available respective owners
Ans: You must approach High Court.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
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