• Parking space allotment for tenants

We bought Flat on rent in mumbai last week .
Our owner does own parking space . Society pass some rule about not to allow tenant park their vehicles in the society premices.
1. Society Can differentiate Owner and tenant for allotment of share parking areas ?
2. When real problem is no.of vehicle then by discriminating tenant and owner vehicles is allowed ?
3. What from next month there are no tenant in the society then they can discriminate any further ?
4 There plenty of parking space is available still secretary refusing to park inside premices ?
5 How can tenant can get right to park atleast 2 Wheeler in the society where I don't see any allotment stickers or painted line on share parking spaces.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

Firstly, this kind of condition can’t be in the agreement also but if in case it is there then also it is arbitrary for tenants or they would have not allowed to give flat on rent.

Secondly, you please park your vehicle and if they again say so call police and file the case for discrimination.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

Hi,

The parking allotted to the flat is exclusively for the use of the resident of the flat.

The spaces available with the RWA may be allotted to the owner/talents for a fixed period on payment basis through lottery but there no set procedure.

Parking of unauthorised vehicles are normally parked outside to maintain smooth flow of traffic in side the campus and to minimise security issue.

RWA is responsible for all the affairs of the Society and eventually the tenants have very minimal rights as per law.

You may approach the Registrar of societies for any complaint.

Vimlesh Prasad Mishra
Advocate, Lucknow
5653 Answers
19 Consultations

4.9 on 5.0

1) tenant is only nominal member of society

2) society is not bound to give parking slot for tenants

3) however if there sufficient car parking slots available society should allot parking slot to tenants

5) request owner to make written representation to society fir car parking space allotment

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

No the secretary can't do that better move before ur concerned authority for relief

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

1. If the owner is allotted with parking space then tenant is also entitled to use the same parking space belonging to the owner.

2. No

3. No

4. The decision of the secretary Can be challenged before the court of law on this parking issue.

5. As said above if tge landlord has got parking space then the tenant can use the same space if not more than that.

Devajyoti Barman
Advocate, Kolkata
18104 Answers
260 Consultations

5.0 on 5.0

1. No, as long as both are paying the same maintenance charges.

2. Lodge your written protest with the Society, requesting it to permit the tenants to park there vehicles within the society premises.

3. No.

4. This is arbitrary. You could challenge this in the consumer court.

5. Move a protest with the Society and take up the matter further by taking recourse to legal routes.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Tenant has only limited rights under rent.

all you can do is to ask your owner to send a request to the society for car parking.

as tenant you can not claim the parking as your right.

Rajashekar
Advocate, Bengaluru
570 Answers
4 Consultations

4.8 on 5.0

1. It cannot discriminate based on any factor including landlord and tenant. If the landlord has parking space, then you are free to use it.

2. Again, it should not be, if a space has been earmarked for the respective landlord, then the tenant or any other person claiming through him shall be entitled to enjoy.

3. No, they cannot discriminate.

4. Absolutely wrong and get your landlord into picture.

5. Only landlord can intervene as he has the absolute rights.

Rajaganapathy Ganesan
Advocate, Chennai
1580 Answers
8 Consultations

4.9 on 5.0

1. The Tenant derives irrefutable parking rights in the Owners Parking Slot, Subject to proper clauses in the Registered L&L Agreement and compliance of the Society bye-laws. The Society cannot refuse parking to the Owners Tenant.

2. Based on the Registered L&L Agreement, file a Police complaint and a Complaint in the local Consumer Forum/Court, for proper and permanent solution.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
2804 Answers
16 Consultations

5.0 on 5.0

1. No the society can not do so.

2. This is wrong discrimination and the said discrimination is in violation of article 14 of the constitution of India.

3. Answered above.

4. This is wrong decision.

5. Challenge such order of the society before the registrar, ask the landlord to challenge the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

You may approach the Registrar of societies for any complaint.Please check your lease agreement made with your owner whether it specifies you have right over the parking space or not. Also go through the resolution passed by any society before taking any home for lease in future ...

Swarnarka Chowdhury
Advocate, Mysore
1779 Answers
4 Consultations

5.0 on 5.0

See Parking, Lobby, Gallery is comes under super area or common area.

Your owner has pay the amount for that also when he bought that unit (your rented flat).

If you are living in that society then you have the power and right to park your vehicle inside the campus respectively by your owner's end. So, kindly get the possession letter copy declaration letter copy from the manufacturer of that flat. everything is mention in that declaration letter, and you can make complaint against that person who barring you to park your vehicle by support of that docs.

Rajeev Ghoshal
Advocate, Allahabad
3 Answers

4.0 on 5.0

1. The society is the authority to allot parking spaces to owners and the tenants.

2. 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.

3. When there are no tenants, what is the problem for the management committee.

4. 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.

5. You ask your house owner to talk to the management about this instead of you fighting by yourself.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

Shift to another society where parking space is given to tenants

Ajay Sethi
Advocate, Mumbai
68821 Answers
4143 Consultations

5.0 on 5.0

Challenge the decision of the society, as told earlier

Anilesh Tewari
Advocate, New Delhi
17262 Answers
266 Consultations

5.0 on 5.0

You must go through the bylaws with regard to two wheeler parking and the amount to be collected if there is any specific law governing this subject.

The law will be common to all, if not then you can issue a legal notice to the society on this.

T Kalaiselvan
Advocate, Vellore
58651 Answers
743 Consultations

5.0 on 5.0

File application against the society before the District Registrar and to take appropriate action.

Rajashekar
Advocate, Bengaluru
570 Answers
4 Consultations

4.8 on 5.0

The right of parking is always to the owner than tenant. There is no law such but we need to adjust if there is a Parking space available after owner parking you may get the same. If you legally go against it your flat owner may discontinue your leave and license agreement. As per the model bye laws there is reserved parking for visitors also. So kindly do it with mutual settlement.

Prashant Nayak
Advocate, Mumbai
14372 Answers
24 Consultations

4.6 on 5.0

send a notice to you flat owner to clear his position on the matter

was you flat owner aware of such rules made by the society or had society informed the owner after making such rule.

you can file suite with housing society registrar or co-operative jointly with your owner of flat, please contact for further information on

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.0 on 5.0

Send a legal notice to the society calling upon them to forthwith restrain from imposing any fine on you in the present matter.

If the legal notice does not helps, approach the court.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

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