• Can the maintenance society allot open parking

The complex has 82 flats of which 54 have purchased parking and done sale deed and pays muncipal tax every year. 

1. The sale deed is done prior forming of maintenance housing society. 
2. There remains now only 36 open parking space available. Members used to park on first come first serve basis. 
3. Out of 36 open parking space available 15 are outside the gated complex right infront of the shops. 

Can the maintenence society allot open parking space to only members who have not purchased parking? 
If the answer to the above is positive then the members who have purchased suffers loss and do they have any remedy?
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

One member one car parking slot

2) the society can allot vacant car parking slots to members who don’t have car parking slot

3) the remedy of members is to sue the builder as builder cannot sell car parking slots

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

These unsold parking plots constitute the common amenity/space of your society.

If there's competition to utilise these parking slots, it cannot be allotted to specific members whether or not on payment of fee.

Society may continue to members use these parking on first come first serve basis.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, the do not suffer any loss as they are the owner and has a physical posession over the parking whereas they are just been alloted to the residents for convenience and are not the rightful owner

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The society cannot sell the open parkings but they can a lot parkings on the basis of rent to the apartment holders only the remaining parkings can be used only to generate income for the maintenance society any sale by the society is white as the parking for not the property of the society.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. One member can only be allotted one parking slot.

2. The society can give on rent the vacant paring slot to those who do not have a proper parking space.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The parking area which was not sold is the common area and is for the use of all the society so this cannot be alloted to individuals.

It can be used as common property of society and can be used on first come first serve basis.

Builder can be used and a suit can be filed as the builder has no right to sell common property.

Generally after the society is handed over the common area is transferred in name of corporative society that manages society so builder cannot sell it.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

For the benifit of society can make law or pass an resolution at meeting for collection of rent on few parking space for the benifit of the society as the rent will be used for society. The common area is equally acceessible to all members and other members cannot be deprived of use the said portion so the significant parkings should be also there for first come first park basis.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Allotment of surplus car parking slots should be done on basis of lottery if number of applicants are more than slots available

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows:

Can the maintenence society allot open parking space to only members who have not purchased parking?

If the answer to the above is positive then the members who have purchased suffers loss and do they have any remedy?

Ans: Since parking place is not purchased then such member of the society is not entitled for parking place from Maintenance Society.

One member one parking will still be true if sale deed clause mentions that the member will have proportionate right on common space .....

Ans: Usually one parking place for one apartment is still in practice irrespective of built area of the apartment.

Assuming that d parking can be alloted to members who do not have purchased parking

Ans: Such thing happens only illegally and it can be checked during general body meetings or other meetings.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Please check your bye laws if it provides any modality. The executive body may decide the modality if Society's bye laws have nothing on this issue to allot the available parking on FIFO basis or in case there are many asparent then by lottery. But in any case they have no right to sell.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Can the maintenence society allot open parking space to only members who have not purchased parking?

If the answer to the above is positive then the members who have purchased suffers loss and do they have any remedy?

If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.

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.

The apartment complex “Solely” owns the common spaces (Stilt or Open).

Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.

Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body . 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.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Assuming that d parking can be alloted to members who do not have purchased parking

Can d allotment be done of few spaces on not very significant rent and the other spaces be decided by society that it will remain on first come first serve basis.......or all allotment of spaces to be done ..

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.

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

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Hello,

The society may give the parking slot on rent basis, the rent can not be very less but the same has to be a considerable rent.

Allotment can be though made on first come and first serve basis.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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