• Parking does not work

I have purchased flat in 2009 and have been using my parking since then without an issue. However now when I am planning to purchase a 6-seater car, we found that parking entrance is not sufficient for the same. There is parking, in front of that is drive way and wall after that. There are two pillars which are obstructing vehicle movement. Space after one side of the pillar is not another parking space and can be possibly adjusted depending on civil engineer's opinion. 
Since Builder is gone and society is refusing to either cut down pillars or exchange parking. 
What are the options for me?
Regards,
Raghavendra
Asked 6 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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12 Answers

1.  Making even a Minor change in the Pillar structure (including plaster) is a gross Criminal Offence, under the Regional Town Planning Act and the Municipal Act.  Hence any changes in the Pillars CANNOT be done, for any reasons whatsoever.  However you can exchange your parking space with other like minded owner, without any legal reference to the Society.

2. Open /Stilt /Podium Parking spaces are all classified as "common open spaces" & Free of FSI, 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).

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Open space parking comes under common area. Cannot be assign to particular members. You can park in any open space.

Pillar cannot be adjusted to make parking space, offer the society, you will bear expanses. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You cannot cut down pillars to accommodate your 6 seated car 

 

2) you have used slot for last 9 years 

 

3) if there is vacant slot available then you can request society to give you alternative slot 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. See cutting down pillars is structural change which is not permitted and society cannot allow same.

2. As far as allotment or exchange of parking is there society on availability of same can allow you to park at different allocated parking.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

You can succeed by filing a suit against the Society.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can go to consumer court for deficiency of service and can get the parking exchanged. 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

If society is not giving approval for shifting of pillar then you cannot force them until you have report of govt approved civil engineer regarding safety after changes.

Even after report you cannot force society management to make the changes for your car because it is matter of safety of other residents also. 

Only option left with you after report is to file suit in civil court for mandatory injunction to make changes in structure of building. But chances are very low Or you can also pray for exchange of parking slot with other resident of society.

You can mutually exchange the spot with some other person if that person is willing to change the spot.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

- Every Society has its own set of bye-laws, formulated within the frame work of the Society Act, for the state concerned , and all members of the association are bound by the bye-laws.

- Further , no addition or alteration of existing flat in an apartment even can be done without the consent of the Housing society. 

- Further, even you  cannot do renovation of your flat without the consent of your Society. 

- Since, you are facing parking problem, then you should issue legal notice for the same , on the refusal of allowing for the same.

- If, not getting any response from the society, then you can file Mandatory Injunction for getting order in your favour. But there is least possibility . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

you can request society to allot other space for car parking. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Does your sale deed mention that you will be allotted a car parking which can cater to a 6 seater car? If there is no such clause in the sale deed then you cannot make the society liable to cut down the pillars or exchange parking.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hello,

You do not have any option as such. Please see the bye laws of the society, whether they permit to make such changes at the later stage or not?

Share the copy of the bye laws with us so that a more concrete advise can be rendered.

Thanks

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can claim compensation for insufficient parking space from the builder.  File complaint to RERA.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

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