I had purchase a flat from builder and at the time builder charged Rs 25,000 and we were told you won't have reserved parking and you can park in common parking on first come first serve basis. Most of the other flat owners had purchased stilt parking and few open parking slots from builder which are reserved slots per builder. Society passed a resolution in AGM that people who don't have reserved parking will have to pay Rs500 per month and society would allot parking on first come first server basis. Since the majority have dedicated slots the resolution was passed. Subsequently we reached out to the builder and procured allotment letter stating we can park in common parking on first cum first server basis. Society doesn't want to accept this allotment and asking us to get the map updated with reserved slots when the letter clearly states we can parking in common parking on first cum first serve basis. I am now being asked to park outside society premises as society has allotted the parking to somebody else. What option do i have:- a) Can society charge no rates for builder allocations and charge a rate for common parking allotments. b) If builder is not allowed to sell parking can society legalise the allotments just because you have majority. How should i handle this scenario.
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1) car parking slots form part of common areas for benefit of all members
2) SC has held that builder cannot sell car parking slots
3) society should charge rate for all car parking slots
4) you should complain to consumer forum against society if you have not been allotted car parking slot
5) allotment of slots has to be by drawing of lots
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. 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.
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.
When it comes to charges levied for parking spots, the law states “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.”
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.
