• Can I use the parking in the society if my flat is rented?

1. This case is for open parking space.
2. There are enough parking spaces available in the society provided hat one parking slot is allocated for one flat.
3. I can assure the society that the tenants will not be using any parking slot in the society
4. The society has not clearly labelled the parking slots against flat numbers

Note: I am the registered owner of the flat in the society with a valid share certificate.
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Christian
1)all flat owners are entitled to car parking slots if there is sufficient car parking slots available . . 

2) write a letter to secretary to place issue in the agenda of AGM for allotment of car parking slots 

3) each member can be allotted one slot . 

4) only if number of members are more than car parking slots allotment is done by drawing of lots as provided in the bye laws
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
1. You have an indefeasible right to use the parking space available in the society. 

2. Since the society has not allotted specific car parkings you can park your car in any of the slots. 
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1) You can certainly use the allocated parking space as you are the registered owner.

2) If there is space for tenants to park there shouldn't be a problem for the tenants to park though it will be subject to conditions/charges society can apply.

3) Society is also at liberty to levy parking charges for the owner.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi, you being the owner of the property you can park the car in parking lot and you have also assured the society that tenant will not using the car parking area then there is no hardship to the society for using your car parking area.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) society cannot discriminate against flat owners merely because they are not residing in the society 

2) if number of slots are less preference can be given to permanent residents 

3) in case society refuses to allot you slot you will have to challenge resolution passed in the managing committee or AGM 

4) you can move cooperative court against the society for allotment of car parking slot
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
1. The right of the tenant to park his car in the society will be governed by the rental agreement.

2. If the parking slot is denied to you then issue a lawyer's notice to the secretary. This will set him right.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Hello,
1) Subject to approval in the general body meeting the society can refuse parking by tenants.It should be allowed with a fee.

2) Society cannot deny your right to park.You can approach the court for an order against the society's decision that is illegal.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
The flat and a parking slot is owned by the member of the society. hence it is the members property to rent out and the flat along with a parking slot can be the subject of rent in the tenancy/lease agreement.
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
1. You can park your car in the parking area without renting or passing on your such parking right to the tenant,

2. The rent agreement should clearly mention about it,

3. Based on the said rent agreement, you can continue to park your car in the said complex of the society.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0
1. You are the permanent resident of the complex of the society,

2. So, you are centitled to park your car therein,

3. Submit the tenancy agreement specifying that you have ratined the parking right with you,

4. With the said tenancy agreement, you will be entitled to park your car therein.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0

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