We have total 16 parking slots of which 5 are covered, and were sold by the builder to specific flat owners. One such flat owner has been renting his flat out since beginning, and his current tenant has no car. So we were parking our car in that slot, since it was empty. Now the flat owner is raising objection and saying we should allow his tenant to park his bike in the car parking as he has paid money for it. 1) Do such deals done prior 2010 judgement, making selling and purchase of covered car parking illegal, stand good even now or are they nullified and such car parking to be handed over to society? 2) What parking rights tenants have? Can they claim a specific parking slot? 3) Can a tenant/ non resident member park his bike in covered car parking?
1 If the covered parking space is sold the said owner has exclusive right either to use it by parking his own car or letting others to park his car.
2. Since he is the owner without his permission you can not ark your car. So the objection of the car parking space owner is valid and sustainable.
3. Now the flat owner has given his flat and parking spice on rent then the tenant shall have all the rights of usage as his orignal owner has otherwise.
If the owner has purchased stilt parking and its registered along with sale deed than other owners can show any interest on reserved parking.
The owner just has a payment receipt for the charges he paid for parking. It is not mentioned in sale deed. How can he claim exclusive rights? Is it not part of common areas as per 2010, as the property tax for all these common areas, including parking are borne by all members. Besides, parking is not calculated in FSI calculations, unlike the new RERA regime. So can he claim rights over that space?
.As it's his parking he can ask you to vacate the same. The 2010 judgement only says about restriction for selling open car parkings
1) society has to pass resolution in AGM to take over parking slots allegedly sold by builder
2) parking slots form part of common areas for benefit of all members
3) tenant is nominal member of society . He has no parking rights
if builder has sold parking slot to member and society takes over parking slots remedy of member is to sue the builder to recover his money
parking slots form part of common areas for benefit of all members
The parking you have exclusive right for which you paid but allotted by the builder on payment.
There is no sale of parking as this is part of the apartment.
Builder cannot sell car parking slots. It forms part of common area and cannot be sold by builder.Car parking it forms part of common areas for benefit of all members.
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. For answers to most of your queries, visit the following
https:// chshelpforum .com/non-occupancy-charge
1. If the society has not taken any steps to retrieve the said parking space then you cannot tell anything about it to the owner, you may report this issue to the society and seek relief instead of quarrelling with the owner.
2. The tenant will be based on the owner's parking rights and will not have any separate rights on his own.
3.See the above answer
The decision about this has to be taken by the society only, hence you can make a representation to the society about this and if need be you may ask for a special meeting and discuss this topic and bring a solution to such issues because there are many people affected like who are not able to vent out their grievances, so you may bell the cat.
Dear Client
Any sale of parking space by builder is null and void after the formation of society is per supreme court order the builder cannot sell common area of building.
And society can cancel his allotment if the owner is not living in society himself.
Parking right of tenants depends on the society and society can deny Parking to tenant
No one can park his bike in Parking spot meant for car.
