• Allotment of car parking in cooperative housing society Mumbai

This matter is regarding allotment of car parking by the Managing committee (MC) of Housing Cooperative Society in Mumbai.

There are few parking slots available but MC is not allotting those parking slots even though I have requested multiple times in writing and in verbal discussion. 

In Feb 2011, AGM has passed resolution for allotment of parking spaces against 42 applications (applications were invited by circular issued in Jan 2011) they have received by accepting non-refundable deposit of Rs. 150,000 from eligible members.

During this time, I was out of India and could not submit application. As available parking space was more that the demand from members, they have allotted two parking slots to some of the members who were willing to provide additional non-refundable deposit of Rs. 150000.

In some of the cases they have allotted more than one parking to eligible members on permanents basis instead of year on year basis. Even they have allotted to some of the members who were not having any vehicle at the time of allotment. Few members had purchased parking slot from the builders and they were also allotted second parking by the MC of the society. Such members are in Managing Committee as well. At the time of allotment, they have not taken RC book of the vehicle for establishing ownership of the vehicle.

In allotment letter, society has stated that members cannot sell or transfer parking slot. In the event of sale of flat, society will refund the deposit and allot the same parking slot to purchaser of the flat. I believe this should be allotted by following the process of first come first serve basis (members like me who has applied and requested before the new purchaser) rather than allotting directly to new purchaser

Current situation:
They are not issuing me any parking slot on deposit of Rs. 150,000 which I am willing to offer.
Due to reorganization / renovation (in 2015) of parking space there are some seven open parking space is available
Few members are still enjoying benefit of having two parking slots, which I believe second parking slot should be issued to eligible members who are not having single parking slot but are owning vehicles.

In view of above facts, kindly advise what options are available to us with and without litigation.
Asked 7 years ago in Civil Law

3 answers received in 2 hours.

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4 Answers

1) raise the issue in AGM

2) point out the provisions of bye laws adopted by society which provide that in case if shortage of parking slots allotment of car parking slots have to be by drawing of lots on yearly basis

3) it is absolutely unfair that slots have been allotted to members not having even one car while members who have cars are deprived of car parking slots

4) issue legal notice to society if no action is taken

5) you can also approach consumer forum against the society for deficeicency in service as no slot has been allotted to you inspite of repeated requests

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

in nahalchand vs panchali construction 2010, it is held by the supreme court that if parking space is available in a housing society then flat owner has right to allot such space for parking. according of MOF Act it is mandatory to provide parking if space is available.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

1) As such the parking space is a common facility that must be made available to all members or on a first come first served basis. If it had been allotted on basis of resolution passed by AGM it will be binding on all. However if in the process the MC has flouted the rules it must be made accountable.

2) If the MC is not heeding to your requests you may have to go the way of litigation. Raise the issue in next AGM. When agenda for the next meeting is being circulated bring up the issue to be included in the agenda.

3) If the MC is adamant despite your willingness to pay the deposit you can issue a legal notice to it demanding allocation of parking from the available slots.

S J Mathew
Advocate, Mumbai
3562 Answers
175 Consultations

5.0 on 5.0

The parking slots or space allotment is th responsibility of the management of the society.

Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas.

Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route and often perform quarterly reshuffles of parking spot to ensure no resident enjoys exclusivity.

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

Parking spaces are common areas and hence deposit cannot be collected even if it is passed in the General Body Meeting. MCS Rule 39 restricts these rights of society to raise funds.

The matter can be taken up legally if the adamant members do not want to hear your plight about the parking space

Other provisions relating to parking in a Co-operative Housing Society are summarized here

under.

1. Available parking spaces may be allotted by the managing committee of the

society on first come first served basis to its members.

2. The member who has been allotted the parking space by the society shall have no

right to sell or transfer the parking space to anybody.

3. A member who has been allotted the parking space by the Builder/developer shall

have the right:-

a. To utilize the parking for the purpose of parking his vehicle and cannot change

the user of the same.

b. To allow temporarily to park vehicle by other person as he may desire.

c. Can transfer the parking space with his flat to the transferee of the flat.

d. To transfer the parking space to any other eligible member of the society.

e. A society needs to mark and number the parking space available in society in its

common area in a manner that does not inconvenience other members.

f. The Managing Committee shall make sure that the Members who have been

allotted parking by it, use the same for the purpose of parking of their vehicle and

not for any other purpose.

g. A member who has the motor vehicle is only eligible to be allotted the parking

space by Society.

h. The Member who has been allotted the parking space by society has no right to

change the user as well as allow some other person the temporary use of the

parking space allotted to him.

i. The Society shall allot the parking space to the members only if such member has

a four wheeler.

j. Normally a Member shall not be eligible for allotment of more than one parking

space. However, if any parking space remains un-allotted for want of application

for allotment of the additional parking space, may be allotted to a member. Such

allotment of additional parking shall only be made on year to year basis, provided

the same is not required by another member who has not been allotted even a

single parking space.

k. The Managing Committee shall draw the lot for allotment of parking if the

demand is more than availability

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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