I have a flat in one of the society in Thane, GB Road. I have rented it out and my current tenant has been staying there for more than year. He has been parking his car in the parking lot allotted to me by builder. Now society has come up with the a rule which does not allow tenants to enter/park their cars inside society area. Below are some facts about parking & society. 1. I have allotment letter from builder for the parking space. But it's not part of sale agreement. 2. Society doesn't seem to have enough parking space according to number of flats. 3. I stayed in my flat for first 6 months after purchase and used to park my car in the allotted parking space. 4. My Tenant have been parking his Car for last one year in same parking space. Is there anything I can do about it or I have to go by society rules now and lose my allotted parking space from builder?
1) since there is shortage of car parking slots society can allot slots by drawing of lots
2) society is justified in refusing to permit tenant to park his car in your allotted slot
3) tenant is only nominal member of society and is not entitled tj car parking slot particularly so when there is acute shortage of parking space for members
1.The allottment letter is enough proof of your right of parking.
2. No society can restrain a tenant from parking his car if the landlord has one and if it does so then punitive action can be taken agaisnt the society.
3. So if the tenant is restrained from parking his car you can lodge complaint with the Registrar of Society and then in high court.
It is right of the owner to enjoy the proeprty himself or through tenant and the tenant has all the rights which the landlord has in the proeprty.
Thanks for the responses. @Ajay Sethi, 1. Does this mean that Allotment letter is of no value in this case? 2. I have no other option but abide by Society Rule? Thanks, Hari
1) society can change the allotment of car parking slots done by builder
2) you have to abide by society rules
1. The builder has no right to allot any area from the common parking space unless the said space has been sold to you through a sale deed.
2. it is a common practice in all the societies including where I a presently staying and where the parking space is insufficient, to restrain the tenants to park their cars inside the common area of the Society where cars are parked.
3. Your parking at the said place will not be restrained. However, it is the decision passed by the society members in a meeting held by them. You can alter the said decision by convening a meeting and gathering majority votes in support of your proposal to treat the Tenants at per with the Members for the purpose of parking.
4. Your tenant's parking his car at the same place does not give him of you any right to continue to do the same despite the decision taken by the Society against the said parking.
1. The builder has no right to allot any space to you from the Common Area or the area which belongs to the Society and not to the builder or you.
2. The rule legally framed by the Society of which you are also a member is binding on all its members including you.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Registered members include family members and associate members
Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not salable.
1. Does this mean that Allotment letter is of no value in this case?
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
2. I have no other option but abide by Society Rule?
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members.
enants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.