One of the owner of my apartment parks his Bolero vehicle very much closer to my allotted space which causes very much inconvenient to me to as there is a little space left to move away my car. He has been allotted a different space where he does not park his vehicle. When asked he argues to keep my car in my allotted space whereas he covers up the common passage meant for drive in/out to park vehicle. I have been left with such a little space that I can not buy any other car a little bigger to my car size. He even threatens me to bad consequences when I asks my right. I always stay in a tensed condition and avoid mostly to use my car as it takes a long try to move out my car from the parking space. Pl advise what I should do
Complain to the secretary of association against the said flat owner for not parking his car in allotted car parking slot
2)if association does not take action against flat owner file suit and seek court orders to restrain neighbour flat owner from parking his car in common passage
3) contact a local lawyer
1. Lodge a complaint to the secretary of your Association immediately seeking remedialaction.
2. If he fails to take any action, lodge a police complaint after collecting evidence of his such illegal parking and also ill behaviour with you in the form of audio/video recording the conversations.
3. If police fails or refuses to take any remedial action, file a Writ Petition before the High Court against police inaction praying for relief and justice.
4. Your problem will be solved.
What does the law say?
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. At times, if this is not practiced then the residents claim ownership of the parking spot.
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.”
Here are some FAQ’s about Parking Spaces and answers to them
Can a member hold a parking space if he has purchased the same?
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.
How can the managing committee handle the allotment of parking spaces?
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
Who owns the parking space?
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
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 saleable.
The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law.
Can the Managing Committee refuse to allot parking space to its members?
Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.
What are the typical parking charges?
The typical parking charges are laid down by the general body. They may range from Rs. 10 to Rs. 10,000 per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members. You can read the guide to maintenance charge calculation in one of our blogs.
Who is responsible for the maintenance of the parking space?
The Managing Committee is responsible for the maintenance of the parking space. Its upkeep and safety of the vehicles has to be ensured by the managing committee members. They also have to provide common area lights and security for the members and the vehicles.
Can parking deposit be collected?
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.
First talk to your society people to talk to this fellow that he parks his car at apropriate place, this would be most appropriate, sometimes such small situation turns into ugly fight, you can also file police complaint agahinst him for threatning and torturing you.
First trying talking to society and ask them if they can change parking place
Since he has threatened you the first thing you should do is file a complaint for criminal intimidation under Section 506 IPC in the nearest police station. If he still does not mend his ways then the only remedy will be to file a suit for permanent injunction against him to restrain him from disturbing your peaceful enjoyment of your property which includes the right to park your vehicle in the space allotted to you.
Dear Client
Y don't u complain to society ?
File CIVIL suit for injunction against improper parking and also to park in the area allotted to him.
If this issue causes you disturbance and also mental tension, you may make a representation in the form of a complaint with the association in writing about this and seek its intervention for an amicable solution.
If the association fails to fetch fruitful solution to this then you may issue legal notice to the neighbor about this seeking him to refrain from creating disturbance and nuisance on this car parking issue and advise him to confine to his own limits without encroaching or infringing others rights.You can endorse a copy of this legal notice to the association also with a request to intervene and solve the problem since the association is the authority and owner of all parking spaces and other common areas of the premises/complex
If this also fails to yield any positive result then you may approach consumer forum for relief, remedy and also for compensation for eht mental agony.
Discuss with a local lawyer and take steps accordingly
Hello,
File a police complaint against him for criminal intimidation. Record those conversations wherein he threatens you, click the pictures of him prking the car at wring place.
Regards
