By Adv. 
Chhaya Khamkar
Types and Definition of parking
Stilt – A pair of poles with foot-rests, enabling the user to walk with feet at a distance above the ground; piles or posts on which a building stands.
Open – Means an area forming an integral part of a site left open to the sky.
Garage – A building for housing a motor vehicle or vehicles. An establishment which sells fuel or which repairs and sells motor vehicles.
Garage
Public – It means a building or portion thereof , designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles.
a) Parking Rules
Co-operative society can and should frame parking rules. Normally co-operative society should ask for the details of the vehicles to be parked including a certified copy of the RC book should be insisted upon from the member while submitting the application for parking slot After receipt of the above said paper/ documents the society should allot a parking slot. The society may even allot a sticker and/or may even instruct the member that without the parking sticker the vehicle shall not be allowed to be parked in the society compound.
b) Policy of allotment of parking spaces, and stilts
Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for unsold and available parking spaces. However, in case of Parking Space/ stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space/ stilt to anybody.
c) Applications for allotment of stilts or parking spaces
Under Section 83 of MOFA Act, The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the society giving necessary details. The procedure for disposal of applications for permission under this bye-law, as laid down under the Bye laws No.65, shall be followed by the Secretary and the committee of the society.
d) Eligibility for allotment of stilts or parking spaces
Under Section 81 of MOFA Act, A member, having a motor vehicle, will only be eligible to have a stilt or parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or parking space. Such allotment of 2nd or 3rd stilts/ or parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilts / or parking space.
Under Section 82 of MOFA Act, In case the numbers of vehicles of eligible members are in excess then the available parking space/ stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis.
e) Car Parking Slots
Sale of car parking slots is a controversial matter. It would be of interest to note that the definition of flat in the model bye-laws includes a godown but does not include an open car parking space. It is an open secret that builder sale open car parking. Conflicting judgments have been given by courts on matter related to car parking. In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & ors. has prevented the Builders from allotting-selling or otherwise disposing of the disputed car parking spaces. The implications of the above said judgment is that even if the builder sells car parking space in the basement, a co-operative society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the society at its General Body Meeting. Now no builder can sell parking space under stilts separately, the Bombay High Court has ruled in re- Nahalchand Laloochand Pvt. Ltd., that a stilt parking space is a common parking space available to members of the housing society and not an additional premises or space available for the builder or developer to sale either to any member of the society or any outsider and further clarified that even under DC rules the developers had to provide car parking spaces, wherever carpet area of the flat is more than 35 sq meter and estoppal do not work against statutory provisions. Apart from this fact the court has also considered the definition of flat under Maharashtra Ownership of Flats Act, which includes open and parking spaces in area if the flat wherever area is counted as super-built up.
f) Parking Space
Means and enclosed or unenclosed covered or open area sufficient in size to park vehicles. Parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.
Under Section 80 of MOFA Act, marking of parking spaces or stilts is the way that no inconvenience would be caused to any of the member of the society. Where any stilts have been built or open space in the society’s compound is available for parking of cars, the society shall number the stilt or the open space for the purpose of no disputes caused between the members of the society. As per the Development Control Regulations it is necessary 10% car parking space should be kept for the visitors.
Under Section 79 of MOFA Act, the restrictions are given on use of car parking and stilt parking that ‘No member shall be entitled to utilize more parking spaces / stilts than what is allotted to him by the committee, or which he has purchased’.
As per the Development Control Regulations for Greater Mumbai 1991, one parking space for every 8 sq. mtr. Of the floor area up to 800 sq mtrs. and one parking space for every additional 160 sq. mtrs. Of area is required to be provided. For hotels one parking space for every 60 sq. mtrs. Of the floor area is required to be provided. For Grade I Restaurant, one parking space for every 25 sq. mtrs of area of the restaurant, including hall, dining room, pantry and bar must be provided. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. mtrs of the areas.
g) Parking Charges
Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles. The General body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. Therefore, the member will have to pay the parking charges for a particular month irrespective of the fact that he has parked the vehicle for a few days. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.
h) Commercial use of Garage
Garage allotted for car parking cannot be used for commercial purpose except with the permission from the Bombay Municipal Corporation. At the time of the construction of garages an undertaking has to be given to the Municipal Corporation that they will be used only for car parking. If Society use car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the Bombay Municipal Corporation Rules. Garage allotted for car parking are exempted from the F.S.I Calculations. However, if there is extra FSI or the benefits of TDR are available to the said property then such garages used for Car Parking can be regularized for commercial activities.
i) Stilt Parking
No member can cover a parking stilt; it is open space. It needs to be emphasized that while submitting the plans certain areas are shown as open space and parking stilt is normally shown as open space. The open spaces are not included in FSI calculations.
j) Criminal case against the builder
Many times builder gives false promises to the flat purchasers and also does not comply with their statutory obligations as are stipulated in the MOFA (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. In such circumstances the options available to the flat purchasers/ society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Builder. Even selling away the car parking is one of the offences under the MOFA Act. The society can bring Criminal complaint against such Builder under various sections of Indian Penal Code.
i want copy of said article & law passed regarding this
i have queries regarding STILT PARKING and want a detail clerification want to mail you, need email address
What about the car parking for tenants?
i purchased flat in 2001 in pune .society is registered in 2000-2001. but builder(builders legal hires) is still sailing car parking from stilt area to the members of society .and members purchased more than one car parking irrespective to their area of flat. my flat area is 97 sq mtrs but below my building 10 car parking aquired by other members those not willing to vacate single car parking to me .I am not living from the date of possession in my flat pl tell me legal way to acquire parking space .it will facilitate in future to sail the same flat . each and every purchaser demanding car parkig with my flat
Can soc refuse to rental people to park their vehicle in soc premises by taking decision in soc general body meet
I wish to use this article for the knowledge of Flat owners Association member.
I want to know weather can i just park my commercial maruti van which i drive in my stilt parking. Is it mentioned in the new bye-laws that a commercial vehicle cannot be parked in the housing society?Please advice
Congratuations to Ms. Chhaya Khamkar on this exhaustive article on a controversial subject. Madam, I have two doubts though. As mentioned in the article, “Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for “”unsold and available”” parking spaces.” Does it mean that, by implication, Parking Spaces/Stilts can be sold ? Who can “sell” the Parking Spaces? My second doubt is that, is it necessary to allot the Parking Spaces on “first come first served ” basis only OR the Society can frame and pass a by-law adopted through a resolution passed in the AGM of the Society to accomodate the members who may have alread paid the builder for Parking Spaces, as it inevitably happens.
as per your doubt parking space/stilt parking can not be sold by builder or promoter. once builder give conveyance to the society it becomes societyes right to allote parking space to the members if there are more car owners and less parkig space then Comitee Members of the Society pass resolution and solve the problem by apply a lottery system and allotte the parking space to members. as per the Suprem Court Judgment builder has no right to sell parking space.
I am sorry may be it is less information and sorry too late reply. I have apply MTNL for Internate connection at my home it will cm within 2 days then it will become possible to give early reply to you and on the comments of my article. I will give proper reply on all the coments on time.
Thanking you,
Advocate Chhaya.
Dear Sir/Madam,I want one clarification.
I am having shop in New Mother India Society Daftari Road Malad(E) since last 10 years .I am not having flat in same buildg.Society say that shop owners can park their vehicle between 9.00a.m. to 9.00p.m only.During night shop owners can not park their car in society compound.Is it so or society is harasing me.Where to complain if society forcefully remove my car from society compound. please clarify.
You can get copy of this article from accomodation times news paper dated 15th Oct. 2010.
Builder or his legal hairs has no right to sell car parking space to members of the society or any other. have you given any written to society for car parking space? if society is not ready to give parking space even after your letter you can go to the Co-Operative Court and acquire through the court because as per the Supreme Courts order builder cant sell parking to members.
No Society cant refuse if such vehicle is not use for commercial purpose.
sir/madem
I want to parking rules in apartment act.
My question is to Adv.Chhayaji,that i owned a flat in the Borivali(West) area,and have purchased a car one year ago.Since then,i am parking my car in an open space at the back side of the building,without purchasing any slot.Suddenly society started to forcing me to take my car out of the compound,otherwise they will take the action.Pl.tell me can they officially do this?Is there any right to park my car in the society-compound being a member of the society? Please solve my problem,as soon as possible.
I m live in mumbai just only one question STILT PARKING is for what ? for any vehicle like two wheeler or four wheeler ? or only for four wheeler ? please reply me……
stilt parking is only for 4 wheeler ? not for 2 wheeler ? or stilt parking is for vehicle ? can socity stop parking 2 wheeler vehicles in stilt ?
I have baught a stilt parking place, which was physically shown as full area between the walls and column. However, the physical marking is done on the floor with paint which is covering only half the area between the columns and walls. I was parking my 2 cars in the area between the stilts. Now society is taking objection that my area is only within the yellow paint and balance area in between the stilt belongs to society. Whereas, in my parking space agreement it is clearly written stilt parking space. Kindly clarify and I would also like to consult a lawyer and discuss personally.
I have bought two garages meant for car parking in our society. I would like to use these garages for commercial activities for which I require permission from our society. Our society is a registered one, however it does not have an occupation certificate, conveyance and B.C.C. (Building Completion Certificate). So I would like to know if our society has the right or power to grant me permission to use my garages for commercial activities or do I need to take permission from the builder/developer of our society?
I have a 1BHK flat in Vashi ,I have 2 cars can my society have a objection that I park both of my cars in the society compound. Secondly the society comittee has been disolved and there few members who has taken charge can they make the rules and regulations for the society, I pay monthly 200 Rs for both my cars, We have many tenants in our society Is it allowed for them to park there car inside the society premisses
kindly sent me a copy in my email id.
thanks and best regards
i have a two bhk flat in kamothe navi mumbai. inmy socity four building. stillt parking only in my building but socity said all are comman parking it’s true ?
Madam – The society has open car parking spaces duly allotted and marked. Such members would like to cover their spaces with a stand having an awning or fabric. Is this ok as per the corporation rules, and if not which rule does it violate. Thanks
Mam what abt parking for guests ,in our society one of our members friend brings his vehicle parks in society and goes sometime during day and sometime overnight and he says it is guest vehicle can come any time ,can soc object to it please reply its urgent
Hi,
Could somebody plz advise me urgently and send me a copy of the judgement. We bought a falt in Pune in July 2010 of 1140sq ft carpet area. Our builder sold us parking area for 1.75 lacs (fixed cost for any type of covered parking).
1) I would like to know is it legal for the builder to sell parking area.
2) The parking he alloted to us was very small compared to the other parking lots. Also it is more like a passageway.
3) can we demand to have the parking lot changed?
I m the owner of the flat. I had purchase car last month. Now there is space is availble for car parking, But society can make arrangement such way so that they can accomodate 10 more car paking place. They are now taking any action. We have park our car infrom of wing as instrcted by car parking in-charge. But few days back i have recived notice from soceity that i m making voilating so pl. donot park the car.
mam, i have some qurries regarding car parking in thw soc.can u send me yr email add. thanks i own a flat in soc. as i do not have parking.there is lot of open space in the soc. inspite of repeted written request to soc to allot me a parking which i m ready to purchase but i have not been alloted parking as i bought house in resale first owner did not buy parking can i park my car in the society premise as soc. is not alloeing me to park car inside building as lot of space is available pl guide me thanks
In view of recent Supreme Court Decision regarding Builders claim on Stilt Parking /Open spaces, I have a question. Builder of our underconstruction building in Navi Mumbai is asking us to pay Rs 200,000 for parking. When we told him that he can not sell parking as per Hon Supreme court of India judgement , he told us that he has alternative as below. He said once the Society is formed he will be first precident of the society and if we bribe him now, he will do us favor by allotting us stelt parking in return of bribe. Is it really possible for Builders to fool Sureme court of India ‘sjudgement by using co-operative laws/byelaws. What are rights of Society Secretory in this regard ? Is there way for other society members to challange such illegal practice.
Dear Madam,
I booked my flat in the year 2005 along with the stilt parking without having any knowledge about the parking rules. I got allotment letter for the parking in the year 2007. Society was formed in the same year after I received the allotment letter. Since the society formation, I am facing opposition from many of the members that the parking owned by me is not legal and I have to free the space. Then I got my parking registered. The value mentioned in the parking agreement is NIL [0]. I want to know if it is not legal to own a parking then why I was allowed to register the same. Please advice and let me know what should I do next?
I have purchased garage in the society few years back in resale. I have been parking my car in the garage for some years. Later on i realised that none of the garage was used for car parking. Hence, i have also stopped. Society has given some members two car parking and i have also got the same. However society has passed resolution that the members having ownership garage , there garage will be considered as first parking. Is it legal? If society has allowed some garages to make use of garages for other purposes can they force some members to park their cars? Can BMC create any problem for not using garage for parking but storage purpose?
Dear Madam,
I want your opinion on open car parking. in my society builder alloting the car parking after asking some consideration amount from the flat owner. Kindly advise as he having any rights to allot the open parking space after registration of the society. And in my case he was asking me the consideration amount 2 years back and i have not paid him at that time and later he forgot and he alloted me the parking space .At the time of hand over books of accounts to the society that time he was mentioned so & so parking space alloted to me and on that basis society also issued me the letter and i have paid the proferty tax on that open parking space also . Now there was some 10 flats was unsold and he alloted my parking space to one of them. and that flat owner is fighting with me please advise me what action to be taken against the society and builder.
Regards,
Chandra
The Chairman of the society has bought a Open parking Space, however he is parking 2 cars in the place available with him as his parking space has a seprate gate. He also locks the gate as if it is his property. Apart from that he has also parked his Two (2 Wheelers) and One (Bycycle) Kindly clarify on how should we take this matter forward. As he claims he has purchased that complete place.
The Chairman of the society has bought a Open parking Space, however he is parking 2 cars in the place available with him as his parking space has a seprate gate. He also locks the gate as if it is his property. Apart from that he has also parked his Two (2 Wheelers) and One (Bycycle) Kindly clarify on how should we take this matter forward. As he claims he has purchased that complete place. – Please help
Where i can get the MOFA-1963 , just want to log a complent for Parking .
Madam Chhaya Khamkar, I have purchased a flat in March 2010, And builder has sold me parking stilt parking space. infact this was registered along with my flat registration and I had paid stamp duty as he included parking cost in overall flat cost. Is it legal or once Society is formed i will have no rights on the parking space. Please advice as the project is still under construction and I am yet to make full payment. I will go back and check with him. Parking space is marked in the design along with the other registration documents.
Can a housing society has a legal right to sell parking space to its member as per MOFA?
Mam, I want to know that though the supreme court has given order that open/stilt parking can’t be sold by builder, the builders are selling it. I have booked flat in Navi Mumbai. The builder is pressing hard for the payment of parking charges. He says that if you don’t pay 2,00,000/-, now, when the project will be competed, you won’t get the parking space. Some buyers had already paid due to this. What should I do? Why the builders are not following the supreme court order?
We have 88 member society in vashi, Navi Mumbai.Only 42 stilt parking and 4- open parking. All are sold by the builders to 42+4 members. we have 70 owners having there cars.
Now the members who have purchased the parking from the builder are behaving arrogantly in the general body meeting. They have forced the present committee to charge Rs. 400 /month parking charge to the owners who have not provided parking by the builder.
There are 2/3 members , who behave arrogantly with the managing committee whenever parking issue comes in discussion.
Is there any way to teach a lesson to such members so that the committee members will do their job smoothly?
Is it justified that parking charge of Rs.400/month for the owners parking their cars to the margin of society premise and Rs.0.00 to the owners who have parched the parking from the developer.
Mam,
We are a 6 wing complex & builder has allotted (sold) open space for first 3 wings & indicated same in their respective agreement (year 2005-07). For the 4th wing builder has allotted (sold) open parking by giving an allotment letter (year 2009). 5th & 6th wing are under still under construction so no allotment given.
As on date open space / stilt area parking are full & recently formed our housing society has decided to approve the allotment done by the builder through AGM as major (80 %) of the first three wings have received the parking.
Considering the under construction 5th & 6th building & 4th wing who are all are about 50% of the total members who have not received the parking, I would like to know the following.
– Builder has allotted (sold) open space (parking) is this legal & can I contest with society on the approval of allotment given by builder?
– How do come to know if the marking marked by the builder is parking space or open common space. Can I file a RTI to get this information? Where & to whom I file this RTI.
Flat comes under Bhandup, Mumbai Jurisdiction
Kindly help…
Abhijit K
Ours is o new building of 45 flats…no society or appartment formed and its maintainence is still with the builder…..a resident of 5th foor has tied a 2 goats in the parking and they are spreading dirt & nuisence….are there any laws for such occasions?
In my society there is more open space, then also society has written in the society gate that, visitors parking not allowed.
My father in law came inside with his car for giving some items to my children, therefore his car stand 10 minutes in society compound. on 5th november when my maintenance bill receipt came there the society charge extra 150/- rs. for visitors parking inside the society compound. whether it is legal then under what provisions of law. till i have not paid that amount.
please reply earliest. thank you.
Hi, its mhada building in pratiksha nagar, Sion (E), suddenly secretary & society members decided not to allow any tenant to park their cars in the compound though there is lots of open space available. Now they don’t allow cars to entre during the day also even for short time. Earlier they were charging parking money and everyone was allowed to park the car in side. On what basis they can behave like this? Do they have rights to do this? We will be really grateful if you reply soon. Thanks.
I am the 4th buyer of a flat in the western suburbs, all the agreements including mine mentions that the flat purchased by me includes a stilt car parking.
Now the managing committee putting up notices and indirectly telling me that I am not the rightful owner of the said stilt parking space. In case I sell this flat the stilt parking will not automatically transferred to the next buyer. Please let me know and oblige. Thanks
Dear Sir,
I had purchased a flat along with covered car parking in a Society based in Pune. This Society was formed 20 years back. I am the third owner of this present flat. When the builder sold the flats initially, he did not allot car parking numbers to the members. After the Society formed as of date, the Society Committee has not done any allotment of car parking areas. Presently the members are using stilt car parking and are considered deemed owners on the basis of having occupied and used the car parking for so long. When i purchased the car park the car parking was identified and the description has been mentioned in the registered sale document from the first owner to the second and then myself. However, after the flat was bought and the transfer formalities were completed, the Society Committee informed me that the parking slot is disputed. At the time of transfer the parking area was in the possession of the immediate previous owner and secured through a chain. My parking slot was forcibly occupied by another member in the same building. I approached the Society Committee to resolve the issue and give back possesion of my covered parking. The Society Committee mentioned that many members have not deposited the agreements with the society over the years and so the Society would not be having proof of whether the existing members who are occupying covered parking slots are actual owners of the covered parking slot. The Society Committee by virtue of members having occupied the parking slot over this period have been considered as deemed owners. Since this parking slot is disputed between the two members the Society does not want to get into this issue. The Society has been unable to resolve this issue and Society has communicated that they are not authorized to get into this issue.
My questions:
(1) As per the Society Bye laws, is it binding on the Society to resolve the issue and allot covered parking slots.
(2) Could you pls guide as to the competent authority we can approach in this matter which would guide/direct the Society to take action in this matter.
Thanks & Regards
Shailesh
Hi ma’am,
I purchased a flat in 2008 wid no parking space, there r 36 flats n total paking place for 4 wheeler r 7 coverd parking (sold by builders to society members) n 10 open parking . Parking space is less as he construed shops on ground floor in my building . Now we r having two wings of society , A wer my flat is there, n B wid parking space for all flats .plus much extra space arround as no shops.
Now my question is wether we means A building residents can use the extra place arround the B wing? Earlier society was one only but after some time we hv registered two diffferent society. Is there any law against or favor of it? Please reply asap
dear madam,
we are having office in commercial complex , having co. society.
bulilder is holding entire third floor & basement parking.
now he rent out entire third floor with basement parking. now that company has made two go dons in the basement parking.
is ligaly allowed.
In one society builder allot 2 nos parking to member without doing registration he only handed over allotment letter to him. when society knows it takes objection over it. it is not valid. Now days such member sold this flat & 2 nos parking to another. society again take objection on sale deed. so it is valid or not . Please reply on my email.
I need a good lawyer well versed in cooperative housing society laws for freehold plots in Pune. You know of anyone good can u send me their contact details to vp_techin@yahoo.com
Hello, I have an issue with the shop keepers on my society who do not allow to park cars on the municipal road in front of their shops. They are threatening dire consequences. Do they have the right to object to my parking the car since all the parking slots in the society have been exhausted.
I have already paid parking charges to the builder. However he is asking me to pay service tax on parking amount. Builder is not ready to allot parking slot to me unless I pay service tax. I think service tax is not aplicable for parking.
Can you tell me how to deal with the builder? Shall I approach consumer court?