Latest decision of hc about development right in agreement does not proof that developer have right when deed of declaration already given to 238 members

Dear Client, 

In view of the limited facts available, assuming that the Deed of Declaration has allocated the UDP interest to 238 persons, then, normally, each person will have rights in relation to their undivided share, in addition to the apartment. A clause allocating development rights in favour of the developer will need to be reviewed carefully. Assuming that the building was constructed in 1984 and that all the apartments, along with the UDP, were sold thereafter, the developer will have no further unrestricted rights of development unless these were validly reserved by means of the Deed of Declaration and are otherwise enforceable. Once the developer has disposed of all interests and has developed what is permissible, they will be unable to sell or transfer any right that they no longer possess.

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