MUMBAI, Sept. 18 -- The Bombay High Court on Tuesday held that under the Maharashtra Apartment Ownership Act, 1970, it is lawful to reserve specified common areas in apartment complexes for exclusive use by certain owners. The court directed an association of apartment owners in Andheri West to hand over possession of a part of their building terrace to owners of two top-floor apartments. "Though the apartment owner for whom the specified area or facility is exclusively designated may not be the owner thereof, he has exclusive right to use the same and other apartment owners do not have right to claim usage thereof," the single judge bench of justice Sandeep Marne said while allowing a plea filed by payment solutions provider Indiaideas.com Ltd. The firm had approached the court claiming it had purchased two units on the 10th floor of Supreme Chambers in Andheri West, along with the exclusive right to use the segment A terrace and 25 car parking spaces. The sale was registered via a deed dated September 4, 2018, for a total consideration of Rs.55 crore, after which the company was put in possession of the two units and the segment A terrace. In November 2024, Supreme Chambers Condominium, the association of apartment owners of the building, decided to undertake water proofing work and construct washrooms on the terrace. Though IndiaIdeas objected to the move, on November 25, 2024, the association changed the locks to the terrace and illegally took over its possession, the firm said in its plea. The association contested the plea, claiming statutory schemes under the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 and the Maharashtra Apartment Ownership Act, 1970 did not recognise sale of common areas in the building. The terrace was for common use and occupation by all buyers and the same could not be sold to any particular unit owner for his exclusive use, whereas the statutory scheme would prevail over any private agreements between the builder and an apartment owner, the association claimed. The court, however, refused to accept the argument and noted that the Apartment Ownership Act recognises "limited" common areas and facilities which can be designated for exclusive use of an apartment owner by registering a declaration to that effect. Justice Marne noted that in case of Supreme Chambers, such declaration was made in respect of the segment A terrace, while the segment B terrace was included in common areas. "The declaration designates segment A terrace as 'limited common areas and facilities'," the court said. "Prima facie therefore, plaintiff (IndiaIdea) is entitled to exclusive use of the segment A terrace to the exclusion of other apartment owners in the building." Even under the bye-laws, IndiaIdea was made liable to maintain and repair the segment A terrace at its own cost, the court said. If other apartment owners had any right to use the terrace, the bye-laws would not have made the company exclusively liable for maintenance and repair, the court noted....