• Can parking space be reserved for original owners in a cooperative society on a 50:50 basis

The builder has entered in agreement with the previous members before redevelopment that parking will be reserved 50% to old members.
After redevelopment, does the new committee have to honour this agreement or go according to byelaws and distribute parking according to drawing of lots,without differentiation in old and new members.
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

1) agreement is binding upon the builder

2) society has to go as per bye laws and distribute slots by drawing of lots without differentiation

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

1) If its mentioned in the MOU of redevelopment than new member has to obey this rule, but that too at the purchasing of new flat builder should have informed you.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Agreement is binding upon builder but not on society

2) once possession of flats is delivered to society members then MC can reallot car parking slots irrespective ofclaim of old members

3)slots allotment should be by drawing of lots regardless of new or old members

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

The builder has to honour the agreement and same need to be informed to new members and bye laws can be made accordingly.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If such rule is made of 50 percent allotment to old members then there can be separate lottery for 6 + 6 parking spaces separately.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This is my response to you:

1. Once a society is formed, the society has to take out draw of lots;

2. The builder cannot allot parking since it forms common area of the building;

3. The builder can allot garage;

4. So the society will allot the parking spaces and do it accordingly;

5. Once the building is redeveloped, fresh process of allotment begins;

6. Consult a local lawyer if you have more confusion on the same.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Builder should provide mark up or it should mentioned in your sale deed that parking 50% is for old members reserved.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Hello,

the new committee has to abide by the promises made by the builder and will have to recognize the rights of the old members.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Once the building has been handed over to the society, the builder has to inform the same to them.

If the society does not honour the same then you may bring a suit against the builder.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

The old members are entitled to car parking space and this was the condition agreed in the redevelopment agreement and that is the right of the old members. Builder cannot refuse parking space to new members, hence he has to make arrangement for the new members also accordingly, in such cases, the rights of the old members cannot be infringed.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

The second part of your answer contradicts the first part.

Do you mean that the committee can allot parking regardless of claim on parking by previous members. Total 12 stilt , 50% means 6 stilts for old members and 6 stilts for new members. OR. allot all 12 stilts by drawing lots as a whole society regardless new or old members. Please clarify.

In my opinion, the society cannot deprive the old members of their rights to parking space as per their original entitlement, however if the builder is allocating new parking space to the new members, in addition to the promised 50% space to the old members, then the society can combine both and do an allotment either proportionately or by the resolution passed in the general meeting or as per the bye laws in this regard.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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