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Flat Owners Rights and MoM with Silver Oaks Association

Postby dheerajjain » Sat Oct 30, 2010 7:27 pm

Dear All,

Today, RPS and Piyush flat owners held meeting with Silver Oaks Association representatives at Gurgaon. We gained a lot of insight from these meetings.

I thank Ms. Seema for taking lead in organizing this meeting.

We first met Mr. P.N.Raina and then met Mr. B.K.Dhawan (President, Federation of Apartments Owners Association (Haryana))

As Federation President, Mr. Dhawan has been insrumental in fighting DLF and getting a stay on sale of common area in Silver Oaks and DLF Cyber City. Now, he is awaiting final decision from honorable Supreme Court of India.

Mr. Dhawan and Mr. Raina informed us:

a) Buyers agreement that we have signed with our builder is NOT valid if it violates Haryana Apartment Act, 1983

b) Haryana Apartment Act clearly spells out that builder role is restricted to only constructing and selling residential flats in Group Housing Society and then exit

c) All common area belongs to Apartment Owners. In fact, Owners have been given statutory powers under the law to maintain this common area, earn income and use this income to cater to monthly expenses.

d) Builder has no powers under the law to sell or lease even 1 sq ft. of this common area. It CANT sell shops, schools or any other commercial thing whatsoever.

e) Apartment owners also can't sell this land. But, under the law, they can lease out shops, clubs, swimming pool etc, to earn monthly income

f) All sale and lease deeds of common area if they have already been executed will be declared NULL and VOID by Court

g) In a gated group housing society, no outsiders can be allowed without explicit permission from apartment owners. If builder forces any outsider to come for school, shops etc., that will be treated as trespass and person can be arrested under the law.

h) We should form individual welfare societies like '<Project Name> Welfare Association' and send legal notices to builder. This should be an immediate step for stopping builder. If we go to court, we will get STAY in first hearing itself as already Haryana High Court ruling is there.

i) Haryana building Laws mostly are Copy and Paste from Maharashtra building laws. So, Bombay High Court rulings can be used as strong references.

j) We should seek help from Director, DTCP, Chandigarh in pursuing our cause
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