Yes, a housing society or residents’ association can challenge a builder’s attempt to sell or claim exclusive ownership over common areas when those areas are legally meant for the common use of the flat owners. However, the exact rights depend on the sanctioned plans, sale agreements, title documents, applicable RERA provisions and state-specific laws.
What are common areas?
Common areas can include parts of the project such as:
- Corridors, staircases and lobbies
- Common gardens and open spaces
- Clubhouses and other common facilities
- Common passages and entrances
- Certain terraces and recreational areas
- Other areas designated for the common use of residents
A builder generally cannot simply treat an area intended to be a common facility as its private property and sell it separately without considering the rights of the allottees and applicable law.
What can the society do?
If the builder attempts to sell or transfer a common area improperly, the society can:
- Ask the builder for the title documents and approved building plans relating to the disputed area.
- Review the Agreement for Sale and conveyance documents to determine how the area was designated.
- Send a formal written objection or legal notice to the builder.
- Approach the State RERA authority if the issue involves violation of RERA or the project documents.
- Depending on the circumstances, approach the consumer commission or civil court for appropriate relief.
Under RERA, the rights of allottees in relation to common areas are protected, and the promoter has obligations regarding the project and its sanctioned plans.
Important point
Not every area that residents commonly use automatically has the same legal status. The project's approved plans, agreements, title documents and applicable state law are important in determining whether a particular area is a common area.
Therefore, before taking action, the society should collect the approved layout/building plan, sale agreements, allotment documents, conveyance documents and RERA project details and have the disputed area legally examined.
