Car parking has become one of the most contentious issues in cooperative housing societies. With the number of private vehicles increasing rapidly and available parking space remaining limited, disputes frequently arise between members, tenants, builders and managing committees.
Questions relating to parking are not merely administrative. They involve the Maharashtra Cooperative Societies Act, society bye-laws, municipal regulations, sanctioned building plans and the legal rights attached to flats and common areas.
A number of practical questions arise:
- Does a tenant have a right to park a vehicle in the society compound?
- Can a member of a cooperative housing society demand a parking space?
- Can a builder sell or allot an open parking space?
- Can a society allot more than one parking space to a member?
- Can the general body impose parking charges?
- Can parking areas be converted into shops or other premises?
- Does purchasing a flat automatically confer a right to park a car?
- What happens when the builder fails to register the society or execute conveyance?
These questions have to be examined in the context of the applicable law and the sanctioned layout, rather than merely on the basis of a resolution passed by the managing committee.
1. Parking Is a Major Housing Society Issue
In densely populated cities such as Mumbai, parking space is scarce and therefore extremely valuable.
A society may have dozens or even hundreds of flats but only a limited number of permissible parking spaces. This creates disputes when:
- one member owns multiple cars;
- members demand more than one parking space;
- tenants seek parking facilities;
- visitors occupy members’ parking;
- builders attempt to sell parking spaces;
- parking areas are converted for other purposes; or
- members claim exclusive rights over common areas.
The solution cannot be to permit unrestricted parking merely because the society has vacant space.
The number, location and nature of parking spaces must comply with the sanctioned plan and applicable development regulations.
2. Does a Flat Owner Automatically Have a Right to Park a Car?
Ownership of a flat and entitlement to a particular parking space are not necessarily the same thing.
A member may have the right to use the common areas and facilities of the society in accordance with the applicable law and bye-laws. However, that does not automatically mean that the member can claim an exclusive parking space wherever he or she chooses.
Parking arrangements have to be made by the society in accordance with:
- the sanctioned building plan;
- applicable municipal regulations;
- development control regulations;
- society bye-laws; and
- resolutions of the competent general body.
The society therefore has to maintain an orderly and legally compliant parking system.
3. Can the Society Permit Unlimited Cars?
No.
A society cannot simply allow every member to park multiple vehicles merely because some open area is available.
Parking areas are subject to the sanctioned plan and development regulations. If an area has been earmarked for a garden, recreation, access, fire tender movement or another approved purpose, it cannot ordinarily be converted into unrestricted parking merely through a society resolution.
This is particularly important in cases where members attempt to park vehicles in:
- garden areas;
- playgrounds;
- access roads;
- fire access areas;
- entrance and exit passages;
- areas reserved for recreational use; or
- other spaces not sanctioned for parking.
A society resolution cannot override municipal planning requirements.
4. Role of the General Body in Parking Allotment
The general body has an important role in determining the society’s parking policy, subject to the law.
The society may formulate a system dealing with:
- allotment of available parking spaces;
- parking charges;
- eligibility;
- rotation of parking;
- renewal or re-allotment;
- visitor parking;
- use of additional vehicles; and
- consequences of unauthorised parking.
However, the general body must operate within the limits of the sanctioned plan, development regulations and applicable statutory provisions.
A resolution cannot legalise an otherwise unauthorised use of the premises.
5. Can the Society Charge for Parking?
Yes, subject to the applicable bye-laws and the decision of the competent authority of the society.
Parking charges are generally treated as a component of society charges, with the rate and manner of collection determined in accordance with the applicable bye-laws and general body decisions.
The objective of parking charges should be to regulate and manage the facility rather than create an unrestricted source of revenue.
The society should maintain transparency and uniformity while determining parking charges.
6. Can a Member Demand Two or Three Parking Spaces?
A member cannot insist that the society provide multiple parking spaces merely because he or she owns multiple vehicles.
Where parking is limited, the society should adopt a fair and transparent allocation policy.
For example, the general body may frame rules under which:
- each eligible member is first considered for one parking space;
- remaining spaces may subsequently be allotted to members requiring additional parking;
- additional charges may be prescribed; and
- the arrangement may be reviewed periodically.
However, such a policy must remain consistent with the sanctioned parking capacity and applicable municipal regulations.
7. What About Tenants?
The position of a tenant or licensee has to be distinguished from that of the flat owner.
A tenant may have rights to use the premises through the member/owner, but that does not necessarily mean that the tenant obtains an independent proprietary right over a particular parking space.
The society can regulate the use of parking facilities in accordance with its lawful parking rules.
At the same time, the society should avoid arbitrary or discriminatory restrictions merely because the vehicle belongs to a tenant or licensee.
The correct approach is to regulate the use of parking, not to impose restrictions based on irrelevant personal characteristics.
8. Can a Builder Sell Open Parking?
This is an area where the legal position has evolved significantly.
Under the Real Estate (Regulation and Development) Act, 2016 (RERA), open parking is treated differently from a garage or covered parking.
Section 2(n) of RERA includes open parking areas within common areas. Section 2(y), meanwhile, defines a garage as a space having a roof and walls on three sides intended for parking a vehicle.
Therefore, open parking cannot simply be treated as a separately saleable proprietary unit in the same manner as a flat or a legally recognised garage.
MahaRERA has also issued detailed directions concerning the identification, marking, numbering and disclosure of parking spaces.
Accordingly, buyers should carefully examine:
- sanctioned plans;
- agreement for sale;
- parking plan;
- nature of the parking space;
- whether it is open, covered or a garage; and
- the applicable MahaRERA disclosures.
9. Stilt, Podium, Basement and Open Parking
One of the most common mistakes is to treat every parking area as “open parking.”
Stilt parking, podium parking, basement parking and open parking are not necessarily identical legal categories.
The classification depends on the applicable development regulations and the sanctioned plan.
For example, an area in a basement or podium may constitute a covered parking space, subject to the applicable regulatory requirements.
Therefore, a society or purchaser should not rely merely on the physical appearance of the parking area.
The sanctioned plan and applicable regulations must be examined.
10. Parking Cannot Be Converted Into Shops
A serious problem arises when an area originally sanctioned for parking is subsequently converted into:
- shops;
- offices;
- storage rooms;
- cabins;
- private rooms; or
- other commercial or residential premises.
Such conversion may amount to unauthorised change of user.
The society should not permit members or occupants to alter the sanctioned use of the premises merely through an internal resolution.
If the municipal or planning authority has sanctioned an area for parking, the society must ensure that the area continues to be used in accordance with the approved plan.
11. Builder’s Failure to Form the Society
Historically, disputes have also arisen where builders delayed formation of the cooperative housing society and attempted to retain control over common areas and parking.
A promoter cannot ordinarily take advantage of his own failure to perform his statutory obligations.
Where purchasers have taken possession and the statutory requirements for formation of the society have been fulfilled, the promoter’s failure to register the society should not be used as a mechanism to indefinitely deny purchasers the rights available to them under law.
The same principle is relevant when dealing with common areas, amenities and parking facilities.
12. Can a Society Take Away an Existing Parking Arrangement?
The answer depends upon the nature of the original allotment and the legal status of the parking space.
If a member has been allotted a parking space under a valid and legally recognised arrangement, the society should not arbitrarily cancel it.
However, parking arrangements may have to be reconsidered where:
- the original allotment violated the sanctioned plan;
- the space was wrongly treated as an exclusive property;
- the allocation exceeded permissible parking capacity;
- a general body-approved rotation system applies;
- the parking arrangement was temporary; or
- a statutory authority has directed modification.
The society should therefore maintain proper records of every parking allotment.
13. Parking and Society Bye-Laws
The society’s bye-laws provide the framework for managing parking and other common facilities.
The relevant provisions should be read along with the Maharashtra Cooperative Societies Act, applicable Rules, municipal laws and development regulations.
The bye-laws cannot be interpreted in isolation.
A society committee should therefore avoid taking decisions such as:
“The general body has passed a resolution, therefore it is automatically legal.”
That is not always correct.
A general body resolution must itself comply with the law.
14. What Should a Society Do When Parking Is Insufficient?
Where the society has fewer parking spaces than vehicles, the best solution is to adopt a written, transparent parking policy.
The policy may address:
One-space-first principle
Give eligible members an opportunity to obtain one parking space before considering additional requirements.
Rotation
Where there are substantially more eligible members than parking spaces, the society may consider a fair rotation mechanism, subject to its bye-laws and applicable law.
Additional parking
If spaces remain after primary allotment, the society may formulate rules for additional vehicles.
Visitor parking
Visitor parking should not be permanently occupied by members.
Transparent records
The society should maintain a register containing:
- parking number;
- member’s name;
- vehicle number;
- type of parking;
- date of allotment;
- applicable charges; and
- period of allotment.
This can substantially reduce future disputes.
15. What If a Member Parks in a Garden or Common Passage?
A member cannot convert common space into private parking merely because he or she has no parking slot.
Parking a vehicle in:
- a garden;
- passage;
- staircase access;
- fire access area;
- entrance;
- recreational area; or
- another non-parking area
can interfere with the rights of other residents and may violate the sanctioned use of the premises.
The managing committee should issue an appropriate notice and require the member to remove the vehicle.
If necessary, the society may take further action under the applicable bye-laws and law.
16. Important Principle: Parking Is a Regulated Facility
The most important principle is that parking cannot be treated simply as an extension of the flat owner’s private property.
The right to use a parking space depends upon:
the sanctioned plan + applicable development regulations + RERA provisions where applicable + society bye-laws + lawful allotment.
Therefore, neither a builder nor a society can create proprietary rights over a space contrary to the statutory framework.
17. What Should Flat Buyers Check Before Buying?
Before purchasing a flat, a buyer should specifically verify the parking arrangement.
Check:
1. Sanctioned plan
Confirm which spaces are actually sanctioned as parking.
2. Agreement for sale
Check what has been promised regarding parking.
3. Parking plan
Verify the number and nature of the allotted space.
4. RERA disclosures
Where RERA applies, examine the parking disclosures on the project record.
5. Society records
For resale properties, verify the society’s parking allotment records.
6. Type of parking
Determine whether it is open, covered, basement, podium, stilt or a garage.
7. Society resolution
Check whether the parking was allotted in accordance with a valid society policy.
8. Municipal compliance
Ensure that the area has not been converted from another sanctioned use.
18. Conclusion
Car parking is one of the most difficult management issues faced by cooperative housing societies, particularly in Mumbai. The shortage of space often leads to disputes between members, tenants, builders and managing committees.
However, the solution is not to permit arbitrary occupation of common areas.
A legally sustainable parking policy should be based on the sanctioned building plan, development regulations, applicable RERA provisions, the Maharashtra Cooperative Societies framework and the society’s registered bye-laws.
The society should adopt a fair, transparent and documented system of allotment, particularly where parking spaces are fewer than the number of members requiring them.
At the same time, flat purchasers should understand that purchasing a flat does not automatically mean purchasing a separate proprietary right over every parking space associated with the building.
The exact legal position will depend on the nature of the parking space, the sanctioned plan, the agreement, the date of construction, the applicable regulations and the documents under which the parking was allotted.
Our society was formed in 2005 and has 33 stilt and 60 open parkings. I was amongst the first 10 members to register the flat. As per the bye laws the parking space is alloted on a 1st cum 1st serve basis. Now there are over 90 registered flat owners. The parking space is not yet allocated by the society. Can I claim a stilt parking on the basis of the first registratiom
Our siciety was registerd in 2005 and my flat was regd in 2002. The society is yet to allot parkings. There are 33 stilt and 60 open parkings. Can I claim a stilt parking on the basis of first cum first serve as per the bye laws. There are currently 85 regd flats and some mmbers who have registered and come after us are enjoying the stilt parking
Are there any court rulings defining first come first serve
This is common question faced by many society. When the initial flat owners start occupying their registered flats, the society is probably not formed. Once the society is formed the parking allotments needs to be regularised. I would suggest you to proceed in the following way: 1) prepare a list of residents in order of their date of PHYSICAL occupation of the flat with their OPERATIONAL four wheeler. 2) Society may consider the date of this PHYSICAL occupation of the flat without OPERATIONAL four wheeler in case the resident had purchased the vehicle within three months after occupying his flat 3) this chronology of occupation of flats with the working four wheeler will form the basis of first come first serve 4) It will be unethical and against the bye laws to call for a lottery 5) once you have formed the priority list of residents as per ‘3’, you ask them for their choice (better ask for 2nd and 3rd choice also as he may not be eligible for his 1st choice as somebody else may be senior in priority list)and alot the parking spaces one by one 6) You may fix a rental for the parking space open and stilt before hand. 7) In case of an unlikely case that two resident occupied the flat with their working vehicle on the same day and they want same park slot, you may go for a toss, the looser may be asked for his second choice. 8) the evidnec for working vehicle can be- a) society security register OR b) registry in resident or close family member name showing his flat’s address Orc) car insurance paper 9) The onus of proving ‘the date of owner pocessing a working four wheeler’ will be the flat owner only. HOPE THIS SOLVES YOUR PROBLEM. Write to me in case you need more input. Rgds krishna
I have a flat whch is given on Leave and License.
In recent AGM, parking charges for Leave and license flats were increased from Rs200 to Rs 800 for single car parking in open space, where as normal occupants pay only RS 100-
Can society has the right to increase these charges four folds in one year and what if they make it 10 times during next AGM.
As there are only 3 f lats which are rented out we could not get the majority support to oppose this decision by Society
I had purchased a flat in year 2007, and our society was formed on July 2009. I have not yet purchased the stilt from the builder, however other flat owners’ have purchased stilt parking from the builder. IN the society meeting, I suggested for some charges to be levied for car parking, however the members’ refused it by saying that they had purchased the car parking at a specific amount from builder & won’t pay the car parking charges. Is there any clause where the stilt car parking space purchased by the owner can be charged.
I have a flat in Mumbai. I am staying in bldg since 5 yrs. However bought the car recently. There is no parking available. However, 1 flat owner has given the flat on rent and the tenant has parked his car there. Can the parking be given to me as I am the owner in the society and first priority should be given to owners and not the tenant. Pls advise.
I have recently purchased flat in borivali.out of 168 flats builder has sold 68 open parking place and now there is little or say no place for other tenents to park there car. can builder sell such open space as per rules.
i hve a flat in kandivali,I am staying in bldg since 5 yrs..However i have recently purchased a car…i use to park my car near the gate …..which was previously empty and was not in usage for parking…as soon as i started parking my car for few months….after 2 months one night as i was out.. the other member parked his vehicle on my parking space without informing us when we returned we requested him to vacate the space…on that he claimed us that this was allotted him by builder over night whereas there is no such rules followed in my building as builder/Developer stays on top floor of the building are good friends…i started parking my car on the same row on the last position ….since i m peace lover person …i didn’t objected on the issue…but now a days its getting worst …since the builder is forcing me to remove my car and should be parked somewhere else…and threatened me by stating that ” if not removed,then would towed or air will be taken out…….” he act what he claimed …he removed the air from the Tyre… he also use abusive language to me and my wife and threatened us that he would throw us out of the society..,,!! Pls help and suggest me and also advice me after the sell of flat.,..what r the authorities as a builder he has?.,.Is he has the rights to do the above issue …What are my rights and his rights against the parking issue…
hi..this is kunal..im a fellow owner of a flat in a Co-op Hsg. society at mulund….is there any law which says tat a tourist vehicle cannot be parked in the society…if at all its owner has a flat in the society the vehicle cannot be parked in society premises….? pls reply me ASAP……and pls let me know the parking issues…..
Hi, I have purchased a flat in Versova where the flat has been registered after the payment of stamp duty. My name has yet to be transfered on the share certificate. Does this mean that I cannot park my vehicle in the society compound inspite of every flat having one parking space in the compound? I have a permanently injured leg which which prevents me from walking long distance if I am asked to park outside the society compound. Please reply ASAP whether I have a right to park in the society’s compound before my name is transfered on the share certificate.
Sir,
We have taken Tavera Neo for tourist and has parked the same in the society compound but the society refuses to allow it to be parked in the campus ? pl give a solution
URGENTLY
Smita Gaikwad 9820979545
The society cannot refuse parking on the ground of commercial vechicle. The parking policy of society must be followed if they have assigned you a parking space or to other members. In the absence of parking policy or mention in byelaw, you can park your vechicle in the society’s premises.
Can a society charge for two wheeler parking without specifying a place to park and without a guarage and without taking any type of responsibility for loss to the parked two wheeler?
Can a Huf jointly with an indivual purchase a flat in a housing society?
can society allow car to park in gangway and block the people even walking freely. Is there any law prevent members to park vehicles in gangway. We are leaving is such a threat that no SOS services could be offered to all members such as medial, BMC and fire.
Please advice
thanks in advance
we are a family of 4 persons & we have 3 cars in our family, the society is charging Rs 300 for 1st parking, 500 for 2nd & 1500 for the 3rd. it is an open parking space & our cars are for personal use.
does the society have a right to charge such exorbitant rates for the 3rd parking & why such a difference when there is parking space available with the society.
please advise
We are 75 members Society situated in Panvel. There were 29 Stilt Parkings & Builder has sold those Parkings to 27 Members while Purchasing the Flat. Out of these 29 Stilt Parkings, 3 Stilt Parkings were sold to one Member and the same Member has entered into a Deed of Rectification with the Builder which was subsequently registered by paying a Stamp Duty on the same date as that of Society Registration. Now the Managing Committee has decided to construct Sheds in open area & allot them along with remaining unallotted Stilt Parkings to satisfy remaining interested Members.I would like to seek your opinion on following points:1.Can Builder sell the Stilt Parkings?
2.If Yes, Can Builder sell 29 Stilt Parkings to 27 Members by keeping remaining 48 Members without Stilt Parkings?
3.Can Stilt Parking Agreement be registered?
4.Can the Managing Committee construct Sheds for the convenience of Members without approval of the AGM(Pl note that AGM has given the Approval for allotment of only Stilt Parkings)
Thanking you,
Your Sincerely,
Mr.B.R.Varadkar
it was very good written
I am member of a cooperative society in Borivali East. I own a stilt garage in the society for parking , the society has issued sticker to all the members who have parking inside the society rest all have to park outside , as I own 2 cars I requested them to issue me a extra sticker so that i can park any one car in the garage owned by me , However the committee members refused and don’t allow me to park my second car (Without ) sticker in the garage insipite of me being the rightful owner of the parking , The discretion of parking the car should me mine as to which car i shall park but they dont allow me to park the car
I am member of a cooperative society in Borivali East. I own a stilt garage in the society for parking , the society has issued sticker to all the members who have parking inside the society rest all have to park outside , as I own 2 cars I requested them to issue me a extra sticker so that i can park any one car in the garage owned by me , However the committee members refused and don’t allow me to park my second car (Without ) sticker in the garage insipite of me being the rightful owner of the parking , The discretion of parking the car should me mine as to which car i shall park but they dont allow me to park the car Can I insist on parking my car in my garage
My Co-op. Society has Flats , Office on 1st floor, Shop on Ground – Road side. Having 8 stilt and 18 open parking space. Total flats are 24 in one wing & 24 in 2nd wing, total 11 Offices on 1st floor having seperate entrance near residential staircase, 12 shops. I bought Office in My company name in 2005 with one stilt parking, society registered in 2008. I have 1 four-wheeler and my permanent staff has 4 two-wheeler, which is given by company but registered in their individual name, which we are using for office purpose during office hrs. After society registration they started charging per Month Rs. 50/- for four-wheel & Rs. 25 each for two-wheeler. Initially there wear 4-5 four-wheeler , but now there are more than 18 nos. and many two-wheeler. Now in AGM society & other residential members are in a opinion that not to allow Office user to park their Four-wheeler in society premises as as per byelaws office or commercial are not allowed. Is this as per byelaws that Office of Commercial shop owner can not park in society premises????.Pl. Reply ———— Also they are thinking to allow 1 car & 1 two-wheeler per flat / office and 2nd car not allowed. 2nd two-wheeler for residential will be charged Rs.50/-p.m. and for Office users Rs. 300/- per two-wheeler p.m. CAN THEY CHARGE SUCH A HIGH RATE FOR OFFICE USERS ?? Pl. Reply.. ( Vijay Vaja – Mumbai )
I had purchased a flat in year 2007, and our society was formed on Dec 2009. I have not yet purchased the parking, however other flat owners’ have purchased stilt parking from the builder. IN the society meeting, I suggested for some charges to be levied for car parking, however the members’ refused it by saying that they had purchased the car parking at a specific amount from builder & won’t pay the car parking charges. Is there any clause where the stilt car parking space purchased by the owner can be charged.
i am lived in mumbai i will not buy car parking in so now i want to park my car in car pariking can i park or not same member buy from builder car parking but i will not plaese tell me rule for car parikng in co op so
What is the status of garage (closed garage with shutters) owners in a society regarding maintenance and society repair. The garages have no water connection, electricity connection can be taken from the garage owners residence meter. One member is of the opinion that the garage owners should pay maintenance/building repair amount exactly the same as is being charged for their residence (per sq feet wise). Garage owners say that the garage is only for the purpose for parking cars and if the society charges them as per their flats they should get the same status. So far there is a fixed amount being charged to all garage owners and this has been going on since the society was formed (over 40 yrs ago). Please advice
The parking rules so defined here and also ruled by the Supreme courts also applies in states other than Maharashtra. In simple terms, can this ruling be enforced in West bengal?
Can any body tell me is there any rule on how many Commercial Cars an individual can park within a Common parking area of a Society premises.
We have a Resident owning nine Commercial Cars and refuses to park any outside the premises.
I am having shop in New Mother India CHS Daftari Road Malad (E) since last 10 years.I want car parking space for 24 hours. Society says Shop owners can not park car during night.Is it so?or shop owners are also havuing same right as flat owners.If society don’t permit then where to make complaint?
We live in apartment consisting of 40 flats. Out of the 40, one apartment was not sold out. The builder has provided 52 carparkings on stilt and cellar He has sold out 39 car parkings through lottery and kept the remainign 12 parkings under his control. As per the lottery some got carparkings in cellar and some got in stilt. In lottery, Before registration of the society, the builder sold out the extra 4 carpings on stilit to the interested owners who got their carparking in the cellar. After registration ofthe society, 10 months later, the builder could sold out the left over flat for whom a carparking has already been earmarked in cellar through lottery but that purchaser demanded the builder to provide that carparking, which is kept by the builder on the stilt. Accordingly, the builder sold out that carparking on stilt depriving the existing senior purchasers who wish to have that one on stilt. In this context can you suggest me whether the builder is capable to sell any carparkings after formation of the society.We request guidance ASAP.
Ours development is under D.C.Rules 33(7). We are total 45 tenants. Our developer/Builder are hesitating to allot us 45 car parking slots as demanded by our proporsed Society. Please guide.
1. how many car parking allote/provide for rehab tenants in building redevelop under D. C. Rules 33 (7) as per new amendmend D.C.Rule 33(7).
what is new amedmend/modification in redevelopment schemes D.C.Rules 33(7)
I have a slightly offbeat and a peculiar query on parking. I am a member of a housing complex in kandivli east residing in the society for the past 10 years. I have purchased an open parking from the builder at the time of posession and the builder in turn has given me the allotment letter which is honoured by the society.
Since the past one year and a half, my car has been damaged 4 times by objects that were thrown from higher floors of my building.
I have given it in writing to the society of these occurunces but the society has not taken any cognizance of it and neither reverted back to me on the same issue. I cannot bear any further loss to my vehicle and have decided to build a temporary shelter for my car parking. Can I go ahead with it ?
i had purchase a flat on 15.8.2010 with the flat there r 2 open parking slot alloted by the builder ,one of the member is a friend of seller and now clain to have bought one open parking slot, please help me
hello
i live in a socity with 73 members and place enough to park 16 cars only as common parking we have a problem as some cars are not moved for months these car owners are not ready co-op
and most of these cars are not mumbai registered .parking charges are charged to these vehicles also is there a rule on this matter and where can i find it
thxs felix.
Dear All, Car parking seems to be grey area despite the number of explanations and queries that float around in various websites. Ideally we need to know couple of thinsg with regard to car parking:1. Rights of a society member to take action against the society office bearers who either do not know the rules or callous in not boethering to implement it with respect to car parking.
2. As per RTI, there should be a emergency email contact at BMC that should respond within 3 working days on all clarifications pertaining to parking in societies.
There is no way these genuine queries and concerns can be addressed to its fullest merit without the above 2 things in place. Most often the society secretary or office bearers or active members are highly ignorant about society by-laws and rules of BMC.
Sir/Madam,I wanted to know how much open space a builder has to provide the residents as a plarground for recreational purposes and can he make any construction on the said space?? please reply me…thanking you
Hello, Please guide me as to wheteher a tenant is entitled to a parking space in mumbai?Our building was declared dilapidated by BMC and now being reconstructed with more floors.Thanks in advance
After Consulting Society chairman & secretary that is there any litigation in the flats which i am going to purchase form seller, I have purchase 2 flat and one registrar Car parking space which seller had purchase from builder and sold me the same. further Society has issued me No objection certificate on society letter head for my registration purpose. know i have registrar the documents and gone to submit the same to society has i required NOC from scoiety for bank loan. know society is not giving me NOC saying that if you want NOC for flat than you will have to sign some documents saying that i will not demand for car parking space and the seller who had sold you this car parking will have to surrender the same to society than only we will issue Noc what schould i do know.
I am living in a flat for rent at Mira Road,I own a car,and there is ample car parking space in the society,the society secretary has a paid parking space but he keeps cycle there.Also he has bought a scrap car and parked it on the general parking area,he cheats the government by showing the car and enjoys the allowance.they are not allowing our car to park inside,so we made a group and protested,what are the rules,and how we can fight as this place is prone to theft?
can a builder sell open car parking space?
i have my two wheeler and i am parking in society premises last 10 yrs. & i paid parking charges to society every month, last week damage my bike in society compound parking place, damage amount is not a huge amount . can i claim ?
I live in an apartment in Chennai where there are 96 flats. The agreement does not provide for any space for car parking. The drawing clearly indicates parking space for two wheelers only. Initially, 2-wheeler parking space were also marked. Over the years, many residents have bought cars and now about 30 cars are parked, and many more are buying. Now there is a dispute who have the right to park cars ( owners or tenants; – some say only those who have been parking their cars right from beginning have the right and new cars should not be allowed to park). Could you please throw some light on the legality of parking cars in an apartment where there is no provision for car parking?
The bldg where my mother lives went for redevelopment 7 years ago. the original members were promised open parking space. The space was never provided as my mother did not own a car. My husband is currently living with her and needs to park his car inside the bldg. The society refuses to allott a space saying its a guest car. Many of the new memebrs have 3 cars and all are parked inside the bldg. Kindly advise.
What is the status of garage (closed garage with shutters) owners in a society regarding maintenance and society repair. The garages have no water connection, electricity connection can be taken from the garage owners residence meter. One member is of the opinion that the garage owners should pay maintenance/building repair amount exactly the same as is being charged for their residence (per sq feet wise). Garage owners say that the garage is only for the purpose for parking cars and if the society charges them as per their flats they should get the same status. So far there is a fixed amount being charged to all garage owners and this has been going on since the society was formed (over 35 yrs ago). Please advice
Hi ,i had purchase a flat one yr back,apr-10,i want to know ,as per judgement 2010,Builder cant sell open parking,but our Builder had selld around 90% parking,,so pls let me know can i take my veh.in compound,pls let me know…for ur information,Builder had not given a single reciept for parking amt….
i want to know that i have 6 shop in sanpada there is open space in frount of my shop but now society want to auction that place for night parking for society mambers as well as for shop owners. i want to know that it is legaly right.?
I am currently facing with a problem wherein a commercial unit owner who is not residing is not residing in our society, but is a member of the society as he owns a commercial unit, kindly advise can he be allowed by the managing committee to park is car during the nights. The resident members have objection. Our society is of nine members. kindly advise as to what is the law.
I am staying in Nerul Navi Mumbai. The society in which I am staying is CIDCO built.. I would like to know if there are any rules & reglulations for car & motorcycle parking for persons who are staying on rent in the society even if there is no space for parking.
Dear Sri Morje, I have a few issues to seek your expert advice. 1) We have 6 stilt and two covered parking areas in our Building and these were allotted on first come first served basis. Society charges parking @ Rs. 75/- a month. Presently some members after retirement from active service have settled down in other cities giving the premises on rent. The Lessee has to pay Rs. 100/- p.m. Now two members have two each cars owned and one of them has a co. provided vehicle also. Since majority of Committe members are car owners, they have not revised the parking charges, inspite of a strong case made for increase in the AGM. Problem now is – Committee has issued a circular barring of outsiders vehicle from parking inside, even if the car belongs to son / daughter. At their discretion it can be allowed to be parked for not more than two days by paying Rs. 20/- per day. This is not the decision of Gen. Body. What is the course of action for a member like me who does not own a car, but my daughter having a car visits me for 3- 4 days once in 2-3 months. Secondly, is the directive to be abided when it is not passed in AGM. Please respond.
We have 2 cars in our family, the society is charging Rs 75 for 1st parking & for 2nd they are charging 150×30=4500 Rs for 2nd.It is an open parking space & our cars are for personal use. I’m staying in this soc. for more than 18 years i.e. at Mary chs ltd., Ramesh Nagar, Amboli Villege. Also it is not a high maintence society. Also one of the flat owner is ready to share his parking space.
So does the society have a right to charge such exorbitant rates for the 2nd parking & why such a difference when there is parking space available with the society.
please advise
I have purchese a 35 sq.mts flate in yamuna vihar delhi, at present builder say you can not use parking & wants to sale parking to other person after he is already sale all 4 story flate.kindlly give me suggettion he can sale parking leagally.what is low.
Hi stay in Borivali E,Mumbai as of now there is free parking facility for the members of the society and 2 months from now our building is going into redevelopment.It has be agreed mutually by the society and the builder to divide 50/50 parking ones the building is redevelopmed which has been agreed and passed by the society.Now my query is that our society which has 50% parking reserve for exsisting members is going to charge or you may say sell the parking space to the members and according to me it is not by the law and we have a right for the free parking as an exsisting member can we oppose this selling and how kindly Advise