So I received the Maintenance and Club - Planet Lotier agreement from
3Cs and it seems we built the club for them, but 3C has full control
with resident / RWA having no say in the club management or functioning.
Below are some of the clauses which seems dubious :
· The club amenities can be used by the allottees(s) who has obtained membership or any other open/general member who may be permitted membership by the developer or the club management formed by the developer.
So the above clause seems to suggest that along with residents, outsiders can also use the club.
·
The club amenities including the club area does not form part
of any general common area and facilities within the complex - Lotus
Boulevard, but are fully paid/chargeable facilities.
It has been made clear that by virtue of the ownership of Apartment in LB or RWA which may be formed by the members doesn't not grant right of ownership of the club. The club shall remain and fully vest with the developer alone.
- So 3C charges for the club, but now they say that it is not part
of the LB complex. We are forced to take membership, but it is like any
other 3rd party club ( Gymkhana types). They use our money to build the
club, but we have no say in it.
· Alteration of the facilities - The Management shall have the sole discretion to make additions, modifications, reductions and eliminations in all or any of the facilities of the club. 3C or Management of the club shall be free
to alter any existing structure or building and to construct any
building including hotels, villas, commercial plaza etc. on the land or
the periphery of the club with the permission from the appropriate
authorities and the member/their nominees shall have no right to object,
obstruct or create hindrance or raise any claims in respect thereof.
- So 3Cs is saying that they can sell off the entire / part of the
club and we don't have any right to object. For example, the Ardee
school issue we cannot object to it.
I would like to
understand from Phase 1 residents, did you also sign the similar
Maintenance and Club - Planet Lotier agreement ? I don't think we can /
should accept this agreement. They have used our money to build the
club, but we have no say in it.
Also, this is another case of why we need to go legal against 3Cs.