Hi,
The statement/clause in regard to parking might be available in sale documents. You need to take steps as per that. Secondly, you may file police complaint against erring persons.
Apartment dispute
I am staying in a small apartments where we have 26 flats, 1 flats. My self and apartment . But there are lot of issues created by other flat owners with out any proper reason. Till now there is no association formed and I believe that the other flat owners wont agree to register the association and co operate further. All the initial systems were broke down by all the flat owners one by one including me. In order stream line the apartment issues and to teach a lesson to all, I would request some one guide me properly the flat was constructed on 1993 i was purchased on 2012 the builder has not marked car parking but some flat owners occupy the parking they have 1bk apartment i have 3 bk apartment but they are not allowing what can i do sir
Asked 6 years ago in Property Law
Religion: Hindu
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9 Answers
it is responsibility of builder to form cooperative society or association
2) if builder has filed to do so flat purchasers can file complaint against builder before consumer forum and seek orders to direct builder to form association of flat owners or cooperative society
3) every member is entitled to one parking slot . If number of members are more it has to be done by drawing of lots
You can still complaint to the dy registrar for the same and also file deficiency of service case against builder for this chaos.
See if there is no registered association you can take no legal step as such you can on.your own park at designated place.
And further can approach the consumer court against.builder as he failed to.form association.
All flat owners have to necessarily form an association in order to protect their interests and to maintain the common amenities in an efficient way. Car parking forms part of the common area, and no one can legally claim title and ownership over any specific parking slot. Such slots can be allotted among flat owners only through mutual understanding.
Dear Client,
Since there is no association formed so whatever passed by majority group is not binding. For any resistance in parking your car, call the polcie for wrongful restrain or file injunction suit agasint all, common area meant to use for all equally, non can claim specific right on it.
issue a legal notice to builder and file complaint before consumer forum, court direct builder to form society immediately.
In the absence of a proper association, it may not be possible for you to establish your rights for car parking space.
You may have to approach your vendor to get your parking space.
You cannot keep fighting with each and every flat owner.
Alternately you may contact the builder who allocated the parking space to your vendor to identify the same.
You may wait until then for initiating legal action on this.
Hello
You should file a written complaint to registrar of societies to appoint an administrator order general elections in society for formation of association.
You should also file a case against builder in consumer forum for failing to make association of society due to which society is in troublesome situation.
After formation of society it's duty of association to alot parking slots to member by draw system or any method they think right for allotment.
