• Parking space in the society

I have purchased two flats in a building in Vasai under my name. society has decided to allot the parking slots. One of the managing committee members is saying that one member will be allotted only one parking space, I will not be allotted parking space for the 2nd vehicle. 
My both flats are separate , I am paying maintainence separately, so how can society deny me the second parking slot?
Pls advise
Asked 4 years ago in Civil Law

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12 Answers

Are the number of parking equal to number of flats?? Then you will be entitled to the second parking. But in case the parking spaces in layout plans are less then number of total flats then the society can come up with a way of allotment of same in consultation with the members of the society. What is factual position of number of parking.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please note what is the slot mentioned in both sale deed by builder if you have purchased both property and paid for parking slot you are entitled to two slots in case they refuse to give you send them legal notice.and.Also to builder to repay the amount paid by you for the parking slot. The decision to allot one slot for two apartments is biased and you can agitate the same in the GBM of the society.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

how many car parking slots are there in society?

2) how many members in society?

3) is the number of slots available lower than number of flats ?

4) has any resolution been passed in AGM/MC for allotment of car parking slots

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

It`s depends whether parking will allot - member wise or flat wise. Well, logically its has be 2 parking for two flats.

If society don`t agree, same you complain to registrar otherwise, relief through court.

As a coercive step, stop paying maintenance for one flat.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

They cannot if you own two different flats in the same society. Every flat has to get one parking. Issue notice then file a consumer court case.

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

1. You need to first check the number of flats and total number of parking slots for allotment

2. If the number of parking slots is less than the total number of flats then the society is justified

3. If there are more parking slots than flats then society cannot deny second slot to you if you have more than one vehicle

4. If there are more parking slots than flats and society is refusing to allot you second slot then you will need to take up the matter with district deputy registrar of cooperative societies

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

If there is empty parking space the same can be allotted to you. You can park your car in open parking space if you want.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

Firslty, sir you are very right in your query as this is not the equality for all.

Secondly, you just have entered in the agreeement for the society norms compliance.

Thirdly, just go through that if any such clause is there or not, if not then they can’t raise a question for you to allot another parking space.

Fourthly, if that clause is there then see if another would have allotted two parking for two flats or more.

Fifthly, generally every flat should have their own parking. On this ground you can challenge their agreement also in the court of law.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

What are the total number to flats and the total number is parkings in your society?

In case, they are equal or more, you are eligible for 2 parkings, subject to payment of applicable charges, if any.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

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.

At times, if this is not practiced then the residents claim ownership of the parking spot.

A builder has to provide a certain number of parking spaces basis the number of units of houses

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

You may raise this issue in the next GM of the society and if it not resolved then you may issue a legal notice, let them give reply, based on which you can plan for initiating legal action

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. As per the MCS Rules and bye-laws, one committee member can be allotted one parking space;

2. It is at the discretion of the society to award two parking spaces;

3. You can either buy it from another flat owner or pay the extra sum for extra parking;

4. Bye-law 77 says so:

a. The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under

b. The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the

Society.

c. No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society;

5. But at the same time bye-law 79 says so:A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. If any parking slots remain unallotted for want of applicants, additional parking slots may be allotted to such Members who already have a slot allotted to them in normal course. Such allotment of additional parking slots shall be made on year to year basis, provided the same are not required by other Members, who have not been allotted even a single parking slot.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

refer ur sale deeds whether car parking mentioned ? parking is right.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

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