RT @BesuraTaansane: I can keep listening to this massive reservoir of knowledge @SudhanshuTrived for hours 🔥. This clip is one of his best….

Finally the KHC has clarified diff b/n, Association of allottees AOA & Association of apartment owners AOAO. AOA - who have executed "Agreement for sale" & are yet to execute sale deed /deed of apartment .AOAO- who have executed salde deed /deed of apartment .

and buyers' rights must be protected by ensuring their consent is obtained before any modifications to approved plans.n/6.

Approval from at least two-thirds of buyers is mandatory for plan revisions.Violations, such as reducing amenities or altering parking spaces, have led to complaints and legal action.RERA emphasizes that all changes must be transparent, n/5.

Altering the undivided share of land (UDS) or adding extra floors without approval can lead to disputes and is illegal. Builders must obtain written consent from buyers for any modifications, even if the changes are minor. N/4.

This applies even to minor changes like relocating a sewage treatment plant or modifying the number of bedrooms . Any changes to the project plan require the consent of at least two-thirds of buyers. N/3.

RERA mandates that once a buyer agrees to purchase a property based on an approved layout, the builder cannot alter structure, design, or common areas without buyer's written consent. N/2.

*Secrion 14 (1) RERA* Builders modifying project plans is illegal, .Builders making changes to approved project plans—such as adding floors, shifting amenities, or altering flat layouts—without informing buyers are violating the law, n/1.

Sec 14 (1) of RERA.

Use of FSI and construction beyond approved plans require consent and compliance with municipal and housing regulations. Temporary injunctions can be granted to maintain status quo pending full trial to prevent irreparable harm. n/13.

Key Legal Points:.Development agreements may allow phased construction & conveyance only after full completion & sale. Flat purchasers& societies have rights to be informed & protected from unauthorized changes in development plan. N/12.

Court recognized complexity of phased development & need to protect interests of flat purchasers &societies from unauthorized or premature construction. Court emphasized adherence to Development Control Regulations & MOFA prov regarding conveyance & development phases. N/11.

Court’s Decision:. trial court granted temporary injunction restraining developer from proceeding with any further construction or using available FSI on suit property until suit was decided. developer appealed against this injunction, High Court upheld injunction order. N/10.

developer contended that plaintiff’s claims for immediate conveyance of entire property were premature and legally n/9.

and outside original yellow-marked portion of plan shown to flat purchasers. Reliance was placed on clauses in agreements and relevant provisions of Maharashtra Housing (Regulation Development) Act, 2012, which were argued to regulate the development and conveyance process n/8.

The conveyance was to be executed only after full sale and development of the entire project, including utilization of all available FSI. The developer maintained that the additional construction (public parking and Wing C) was permissible n7.

It was contended that the developer was obligated to convey the property to the societies after completing the entire project and was not entitled to use additional Floor Space Index (FSI) for commercial purposes or unauthorized construction would happen in stages. N/6.

The plaintiff claimed that such construction violated the Maharashtra Ownership Flats Act, 1963 (MOFA), Development Control Regulations (DCR), and the rights of the flat purchasers. N/5.

Dispute:.The plaintiff (Sea Flama Co-operative Housing Society) alleged that the developer (Defendant No. 1) was undertaking unauthorized construction beyond the original plan, particularly for a public parking lot and an additional wing (Wing C). N/4.

Snow Flama, Sandy Flama, Sea Flama, and Sky Flama. Completion certificates for various wings were obtained between 2007-2008, but the societies were registered only around 2010, after delays. N/3.