Hello, I own a villa in a gated community. In the sale deed that I registered when I bought the property, there is a clause that is worded as follows:
"The Purchaser shall not make any additions or alterations to the garden beds, vacant land in the Schedule ‘B’ and ‘C’ Properties and not change the outside colour scheme, outside elevation/facade/decor of the buildings. The Vendor or the maintenance agency will be entitled to remove any un-authorised construction in the Group Housing Complex. The Purchaser shall not be entitled to plant any fruit bearing trees, coconut palms or use the same for growing vegetables;"
I want to enclose a terrace in the backyard of my villa and convert it into a room [of 125 sqft]. The owners association has arbitrarily decided that any external modifications will be charged 20 times the maintenance fee per sq. ft. of modified area.
The question I have is, is the clause as existing in the sale deed enforceable? Is the owners association entitled to impose such an arbitrary resolution citing this clause?
Thanks.
