I am having an issue with parking allotment method taken at my apartment. This project is a case where 5 parties brought land and assigned a contractor to build and the MOU between parties states the share of flats that are allocated and can sell them independently and no mention of the parking lots has been mentioned. Subsequent to the OC being received, one fine day the ad-hoc RWA (before the formal RWA was formed) along with the contractor and party in the MOU came together and allocated parking lots based on draw lots. Subsequently few parkings were also sold too. Only a few owners were informed invited for the draw lots and no formal communication has been made regarding the allotment and sale process. I have been unhappy with my allocation and suspect some unfair acts have done as part of the draw lots for which the ad-hoc RWA and current formal committee is unwilling to accept and take my request to change my parking allocation. I have issued formal letters to raise these matters with the committee too and get no response from them. Kindly advice on the course of action I need to take. While I read it's illegal to sell parking lots as per the case in supreme court, I see there are subsequent rules as per RERA that seem to allow for sale in the state of Telangana. Also this project was started in 2013 and OC was received in the month of Dec 2017. Hence please advise if RERA would apply and what action I can be taking around this. The location and jurisdiction for this will be Hyderabad, Telangana. Hence requesting a response that I can use under the jurisdiction of Hyderabad and will not be put off stating the rule does not apply in the state or city.
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Your project must have been registered with RERA
2) RERA permits sake of covered parking slots
3) if allotment of parking slots have been done in arbitrary manner you can complain against association before consumer forum and seek orders for allotment of slots by drawing of lots
Would covered parking refer to basement parking with open parking spaces. As I understood it only refers to saleable parking slots will be those that have a roof and three walls enclosing the parking space. Kindly correct me if I am wrong. I doubt it was registered under RERA?..is there way for me to check that using the occupancy certificate?
check the building plans sanctioned by muncipal corporation
2) further you can check your project details under RERA
3) it would contain details of parking slots sanctioned by muncipal corporation
4) you can also file RTI application with muncipal corporation regarding parking slots sanctioned by corporation and permitted to be sold
1. In this case the RERA has no application at all.
2. Now the problem is once you agreed on draw of lots and draw of lots was done in a fair manner , your unhappiness does not count much.
3. You have your remedies only if you were not allotted with any parking space at all.
4. It may well have occurred that someone else would have got your parking space. So for the strike of luck you can not redress your grievances.
As OC is issued, RERA will not apply
Drawing lots for allocation of parking is correct method in event the number of members is more compared to car park slots
If you wish to challenge the draw then you need to take matter with district dy. Registrar of coop society
Under Rera open car parks cannot be sold but covered car parks like stilt can be sold
Open car parks come under common areas which are owned by RWA
The Real Estate (regulation and development), Act, 2016 (RERA) for the first time clearly defines that parking will be part of the common area. ... “What this means is that under RERA, a developer can sell a garage but not a parking since it is part of the apartment and a common area.
It also defines a garage to mean a place within a project having a roof and walls on three sides for parking any vehicle.
The garage is now part of the floor space index (FSI) or floor area ratio (FAR)
Earlier, developers would sell an apartment based on the super area due to which common areas and parking areas were never specified separately in the sale deed. “The statute now demands that the builder sells the unit basis the carpet areas and therefore the need to specify the common areas, that include the parking areas, separately,
State authorities generally approve the number of apartments in a project on the basis of the number of parking spaces offered by the developer as it is now mandatory to offer parking space under the law. Bylaws define the ratio of parking versus the apartment size. Usually, one parking is compulsory for a 3BHK apartment and 2 parking for a 4BHK unit. A parking space under bylaws is defined as equivalent car space or ECS. The total area by definition should be approximately 2.5 m X 4.5 m.
This being the latest rule on the subject, you may fight against this continuing menace by dragging them to the consumer forum seeking relief and remedy as per law.
Covered parking is a parking lot arrangement where a carport or other cover is added over the parking spots so as to shield the parked cars from rain and sun and precipitation and hail.
The occupancy certificate would contain the details of parking space also from which you can come to know about them fully.
Yes rera is applicable as completion certificate was pending along with oc till commencement of rera.
