Legal Question in Real Estate Law in India
In a recent ruling in CIVIL APPEAL NO. 2544 OF 2010 the Apex Court had held a builder bringing up a multi story building can not sell portion of common areas in ground floor either as a covered or open to sky car parking space for owners of the flats. In our building containing 178 flats, the builder had sold quite some of the portion of open/covered spaces around the building on first come first served basis to purchasers. It appears nothing prevents the owners to appeal to the builder to return the money paid quoting the order. Once they realize the money they forfeit the right to park the car in places reserved to them. The areas become property of the association of owners.
1.Will the same apex court order come in way of the association collecting any charges from the owners of the flats if they park their cars in common areas?
2. Whether the say in the matter for the association is curtailed to ensure cars are parked in open/ covered areas without hindrance to one another?
1 Answer from Attorneys
The supreme court interpreted the law in the Maharashtra. Check whether law in you state is same as in the Maharashtra and be advised accordingly from your lawyer.
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