1. See allotment of parking to individual.owners is valid as it is done proportionately.
2. The society can reallot the unused space and can levy.some maintenance
3. No car parking or space of common area cannot be rented out to third party.
Car & bike parking
At the time of purchase of flat(10 years back) in Coimbatore, the developer sold 1 car parking slot per flat. so in total 16 car parking slots. But some of the owners do not have a car. Also, have allotted 16 slots for bike parking (not paid). my questions are 1) is the sale deed valid (or) null/void as per SC ruling 2) A few of us have 2 cars .. how can the parking be managed. can it be parked in unused car parking slot or will have to pay for extra parking 3) can a owner of a flat can rent(not sell) his/her parking slot to members outside the apartment ? Please help me with the solutions pls. Thanks a lot!
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
Sale is valid, only thing is, open parking cannot be sold as comes under common area. So better get it covered.
Can park in free space, others parking can be used by their permission or by paying rent for parking slot.
Builder could not have sold car parking slots as it forms part of common area for benefit of all members
2) you have only right for one car parking slot
3)request society to allot another slot to you
4) owner can rent out his slot to other members
A parking lot is an essential part of the residence and hen cannot charge anything for it. It cannot be sold to outsiders. you can use the unused parking lot.
Regards
It's valid only for closed stilt parking. open car parking spaces cannot be sold. Yes members van use open spaces by paying monthly parking charges
1. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" under the Regional Town Planning Act and CANNOT be Sold or Purchased or Registered . Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. IF the Flat owners have formed a Society or Association, THEN firstly take over the property and then allot the excess parking spaces to the members themselves by deciding the terms and conditions in the general body meeting. Builder has no right to sell such parking spaces to non-flat owners.
1. Since it was sold long back you cannot claim the purchase amount, however you can stay put in the allotted car parking space.
2. One apartment will be entitled to one car parking space only, if he has two cars then he can request the allottee to park his vehicle by willing to pay the nominal rental amount for the same.
3. Yes, he cannot sell the parking space to outsider or not even to the fellow member.
Car park falls under the definition of 'common area' in any apartment complex, meant for common use and enjoyment of all the residents, like a terrace or a park. No promoter can legally sell any 'exclusive' car-parking slot to any buyer. Usually, the residents come to a gentlemanly understanding through their association for orderly parking of their vehicles. When 'ownership' of any car-parking slot is legally non-existent, renting it out is unlawful.
Thanks a lot, also please help with the following question 1) can the member who does hold a car but have a car parking, resist from giving it to a member approaching the association to park his extra car? 2) can the member who does not hold a car, parks his bike at car parking allocated to him in spite of separate bike parking space allocated. just because he does not allow some other member to park their extra car
Asked 6 years ago
1) member can refuse to give his slot to another member for parking his extra car
2) rule is one member one car parking slot
3) member can park his bike in his car parking a lot
1. See if association is allotting to some other member levying a fee then it can be alloted when the person gets the car he can get it realloted.
2.The bike has to be parked at designated parking space only.
All these issues have to be sorted out among the members of the association for everyone's benefit on the principle of give-and-take. Right over car parking cannot be legally enforced.
1. A car parking space is allotted to the a flat owner whether he has a car or not. Hence the space allotted to him may be his own and he may take steps to protect his interests.
2. Yes, he can do so, because if he is protecting his car parking space it would be easy for him to park his car in case he is buying it at a later stage.
Nobody has a right to dispute this provision except the association that too only if there are shortage of parking space while this is lying empty.
Dear client
The sale deed doesn't become null and void just on the basis that some one doesn't have a car
The people have to cars have to manage the car parking mutually with the persons don't have any car or can pay rent for parking the car.
The owner of flat can't rent the car parking for person who is not of the society and it can be a rule if society association want to pass the resolution regarding parking.
He can give.
He can do so.
- As per the information mentioned in the present query, makes it clear that there are two situation which need to be tackled out.
- Firstly, for those who have car parking space but do not have car, but at the same time, do not park any car, the persons having two cars can seek/ request for NOC to park their car in that unused space.
- And in second situation, they can be asked to keep the space empty or allow the others to park their extra car, but not show your right in this rudely way.
- Though the others do not have any legal right over the space, but surely can be allowed after mutual agreement or the same can be done before the court of law.
- Rest, you are most welcome to call me at any time for further legal assistance on this issue.