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Hotel Golden Tulip - Bhiwadi

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Hotel Golden Tulip - Bhiwadi

Last updated: December 22 2013
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  • Hotel Golden Tulip - Bhiwadi

    Hello friends,

    I would like to have opinion from all senior members.

    BDI has sold the existing club-house to a hotel i.e Golden Tulip.

    This is despite of the fact that they have taken Rs 50000 as club membership from all the flat owners.

    As per my knowledge, if a builder takes money from its customers for making club-house, this is treated as commen facility and the builder cannot sell it further.

    Please guide.
  • #2

    #2

    Re : Hotel Golden Tulip - Bhiwadi

    According to PTI news agency (via YahooNews):

    The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organization. The only right remains with the promoter is to sell unsold flats.

    However, recreational clubs and other amenities such as gymnasiums can be an issue as buyers have no option but to pay for these. Buyers are usually not given the option to not buy club membership and other amenities. Legally, it should not be done, but it has become a common practice these days.

    In some townships/projects that promise a grand lifestyle, developers do not transfer ownership of facilities with commercial value, such as club house, gymnasium and tennis court, to resident associations.

    Builders retain rights over such facilities in the builder-buyer agreement and profit from it. In such an arrangement, residents end up paying for maintenance while the builder enjoys ownership rights.

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