builder cannot sell open parking a lot as it forms part of common area for benefit of all members
2) you can challenge said sale of open parking slot
Sir, I stay in Mumbai. I want to know if any open space can be marked as car parking area and later sold as parking area by taking money by the builder ? Can it be challenged if builder sold open space as parking area? Once society is formed If society does not allocate any parking space can member challenge the society?
If parking space is not given at the time of flat purchase can member approach society to allot parking space. Can member challenge society for parking space and how to approach for the same.
builder cannot sell open parking a lot as it forms part of common area for benefit of all members
2) you can challenge said sale of open parking slot
You can approach society to allot you parking slot
2) make an application to secretary of society for allotment of car parking slot
3) secretary has to place it before MC for decision
4) if there are more members than slots it has to be done by drawing of lots as provided in bye laws adopted by society
The layout plan is approved by the development authority and builder has to sell the apartments along with at least one parking lot if parking has not already been designed and approved by the development authority the Builder cannot sell any parking however this is just for your information that parking is not registered it is only e consisting as a part of the apartment you have all the options over against the actor builder to go against the Builder in High Court and get it cancel by high court order otherwise you can approach to register a societies and chits to lodge a complaint to be address for he might transfer your complaint to the development authority
car parking is a part of the society's common area which cannot be sold. Selling other or open car parking spaces is equivalent to selling common area so your Undivided share of land reduces if parking spaces are sold. It leads to lot of problems for the residents and the association. society can challenge same before court.
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
1. parking space cannot be sold by the builder,
2. you can approach the secretary/president of the society
1. If it is a gated complex, then the sanctioned building plan will show all the constructions to be carried out therein and the open space will be mentioned as open space separately mentioning the car parking space in the sanction plan.
2. Unless specifically shown in the sanctioned plan, the builder can not sell the open space, which is considered as common area, as car parking space to anybody.
1. If no car parking space was provided at the time of selling the flats, the members can approach the Society and convene a special general body meeting for passing a resolution for allowing the free common space as car parking area for the members.
2. If you want to challenge the resolution passed by the Society in a Special General body Meeting convened for the said purpose, you shall have to appeal to the Registrar on valid ground.
3. If you find yourself as aggrieved by the decision passed by the Registrar, you can challenge the same before the High Court by filing a Writ Petition against the Society and also the Registrar of Societies.
1. No builder cannot sell open area of a building as parking space.
2. Yes it can be challenged in court.
3. Yes member can ask society to alot parking space after its formation and file suit for mandatory injunction against society.
The parking space must be designated as such. The builder cannot sell the open area as a parking lot. Yes the builder should be given a legal notice and in case he doesn't respond file a complaint in the rera tribunal.
An open space is as the name suggests meant to be kept open
That is compulsory
It cannot be converted into any other user
If that were so then construction could be made even on the open space
That would defeat the purpose of the DC rules mandating to keep certain area as open space
Thus open space CANNOT be allocated as car parking space under any circumstances
Though open to sky car park space does not utilise any FSI, even then it is not permissible
Car park spaces can be allotted only in the areas shown for the purpose in the sanctioned layout and building plans
If there are available car park spaces which are not sold by builder to flat purchasers, then society must allot car park spaces to those flat buyers who have not purchased car parking and such allotment has to be by draw of lots and by rotation among all the members who did not buy car park (I am assuming that the builder allotted car parking to flat buyers after Rera came in force and not prior)
It is also to be remembered that under no circumstances can the builder sell open to sky car park spaces whether such allotment was done before or after coming into force of Rera
If society is not allotting car park space then the member will have to write to the district deputy registrar of co-operative socities and if that officer is not able to resolve the dispute then the member has to file a dispute case in the co-operative court against the society
No, open parking can not sold or acquire ownerhsip.
Better ask the builder to allot apecific parking space but no payment.
Society have own rule to allot space and effected by society grant, can challege it.
Builder cannot sell the open parking space even though the RERA recognises the sale of covered parking space.
Yes you can challenge the same in the consumer court
The society has to allot the parking space to the members on first come first served basis, if there is no parking space at the time of formation of society then you may not get any fruit challenging the society on this subject matter.
A Chembur housing society that had denied a resident parking space claiming that no parking slots were available has been asked to pay compensation of Rs 1 lakh to the complainant.
Housing society fined, told it must give resident parking slot.
You can challenge the society.
1. Open /Stilt /Podium /Basement Parking spaces are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased. Parking spaces can be allotted (most of the times by illegally collecting money, which is a criminal offence).
2. As per model bye-laws, Parking should be allotted to members, using yearly "rotation policy". You can put the CHS on legal notice to allot you parking, irrespective the fact that the linked Flat had not purchased /allotted parking from builder /whosoever.
3. IF Society fails to allot you parking THEN file grievance petition, before the local Consumer Court. There are several orders to this affect, in favor of the CHS member. VISIT: