I am a registered owner of one of flats in an apartment of 84 flats. We have no cellur parking and no flat owner owns a car parking slot at the time of purchase of flat . The open common place in the premises is alloted for car parking. I have been already alloted a car parking slot 9 years back and using that. After all the owners have been alloted their car parking slots ,the remaining around 5 to 6 slots were alloted to the tenants. I recently bought a second car and the committee is refusing to allot me a second slot for my second car. But I am asking them if the tenants cars are removed from the premises, there is vacancy car slots and so I am eligible to get the second car parking slot as I have the legal right being a registered owner of the flat. Please note the tenants rental agreement has no promise for car parking slot. Please suggest if I am right to sue a suit on my committe members. Thank you. Arun kumar
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Second car parking slot can be allotted only if there are more slots than number of flat owners having cars
2) you have already been allotted one slot
3) tenants are nominal members of society and MC in its wisdom have allotted them slots
4) even if you take legal proceedings you may not succeed
As the tenants have no promise of the car parking slot in their rental agreement, is it not legal to ask the latest alloted tenant to remove his car to allot me the second car parking slot. I have googled and found that registered owners comes first and then is any slots remaining then on humatarian basis then comes the tenant. Please advice
All flat owners have been allotted one car parking slot
the tenants have also been allotted one slot as they are nominal members of society
you cannot force society to allot you second parking slot and to withdraw one parking slot allotted to tenants
But when property put on rent, every right attach to flat passes to tenant except voting right. Your this reason is not viable.
Open parking comes under common area, no individual can have individual right on any portion except by mutual settlement. You can park on any free space, asking for permanent slot may not possible.
As the tenants owner has not acquired/ owned the car parking slot, the tenant has no right to be alloted a car parking slot right? OK if the tenant was alloted after all the owners have been alloted on monthly rental basis, will I have the right to ask for the second parking slot if the tenants parking slot has been dismissed. Because if the already allowed car parking slots on monthly rental basis if removed there will be car parking slot available for the owners second car. Please note here in my open common places no owner is the owner of the car parking slot. Please advice if I have legal right to proceed leagally
If there are surplus slots you can seek second parking slot
You can ask for parking slot if any vacate in the building.
And as per law, there`s no need for individual slot. Owner can park his car anywhere in proximity to his flat in open parking.
There will be surplus if only the tenants cars are removed. My question is do I have the right to ask the committee to remove the tenants car to accommodate my second car. Do tenants also have the right for first come first basis along with the registered owner members. And as they were already informed that the open car parking slot alloted for them is only temporary, do I have the right to ask the committee to remove the tenant car and allot me a second temperary car slot.
You don’t have right to ask association to cancel allotment of slot given to tenant for your second parking slot
the norm is one flat one parking slot
No.
first come first basis right vest in owner which enjoys by his tenant, until no rule that in compare to tenants, preference shall be given to society members.
If they were informed that parking slot allotted for them is only temporary than you can claim preference right to replace parking from tenant. .
You can seek the same from the society being owner you have first right of parking. But the charges may differ as per society norms. If tenant agreement doesn't talk about parking allotment then society cannot refuse you for the same
Eventually you have no right to ask for the car as you have already been allotted one car parking and tenants who are living in the eyes have the right to park [as you don't have any registered parking along with your apartment all the flat in the society will have to get the parking and similarly the parking of the tenants cannot be moved if it is done by the society the allotment of such parking to you will be invalid and the other Apartment holders will also ask same facility from the resident welfare Association .
No parking right disclosure in the rental agreement does not mean anything as every Apartment is coming with at least one parking to the tenant and no Apartment holder has right to remove the parking of tenant in the designated area
Society will have to allot car parking slots to members as per parking plans submitted to the corporation. if there are any surplus then you can ask for parking slot.
You cannot claim the second slot as a right.
The rule of thumb is that no member will be eligible for allotment of more than one stilt/covered parking space per flat. If any slots remain vacant for want of applicants, which is sometimes the case for open parking, a second parking space may be allotted to interested members.
Here there are no vacant slots available hence demanding the society to remove the tenants parking to allot the same to you is unjustified and illegal act.
Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.
However this rule applies only if the member has not at all been allotted with a parking space, and may be not for the second parking slot.
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Registered members include family members and associate members.
If there are vacant parking slots then you can get it allotted on the basis of the standard procedures followed by the association as per the bye laws or the resolutions passed in the general body meeting.
You cannot claim it as a right to remove the tenants care from the parking space for allotment of the same to you for parking the 2nd car.
If you have not been allotted a parking space at all then as a registered member you may claim it s a right over the tenant.
If the tenants are pressurised then they may approach their owners to establish their rights through them for this.
No you cannot sue the committee for allotment of sencond parking slot because it is not your necessity.
It will be considered as your luxury instead of necessity.
You don't have right to ask committee to remove tenants car to accommodate your second car because the tenants car must be parked at space of owner of flat in which they are residing.
