We live in a builder flat, gf, ff (us), sf and basement.
Outside perimeter is split in the following manner: 1) Wall - infront of that we park our esteem since we came to building 19 yrs back; 2)gate of ground floor owner who own a substantial verandah on the ground floor (enough to park an i20 and close the gate; 3) wall (12 inches approx) - both walls hold the gate structure of the ground floor; 4) a smaller gate which is the main entry for basement; first and second floor. This can also be used to enter first floor. This gate is good enough that I can park my Zen vertically infront which spills to road
Issue: Thanks to dogs who enter the ground floor area and nearby construction which has taken away space for 6 cars.....our ground floor neighbour has decided to horizontally park their i10 in front of their gate in such a way that my zen cannot be fitted for vertical parking in front of common entrance. On bringing it to their notice, they say they will not park inside their gate as dogs will enter or will park in front of common entry gate.
Effectively if i get alternate car space, i never park in front of common entrance gate. But if there is no space i park there. From now on they will not allow..its for their car - Either horizontally in front of their gate or in front of common entrance. Have asked me to either find other space or go to main road (400 m) away.
Is there a legal provision which states that if an owner has dedicated car space but not using it and causing inconvenience for common area facilities (Delhi Apartment Ownership Act, Chapter II, section 6), can we make them understand that they cannot do this and need to create enough space for a car park when it can be done????
Asked in Civil Law from New Delhi, Delhi
1) check the building plans sanctioned by delhi municipal corporation
2) if you don't have building plans file RTI application and obtain copy of the building plans
3) there must be space specifically earmarked for parking slots
4) if you have not been given car parking slot as per sanctioned plans you can drag builder to court for allotment of car parking slot
5) contact a local lawyer
Sub-section 3 to 6 of section 4 of the Delhi Apartment Ownership act will provide you the relief , the same is reproduced below:
(3) Every person who becomes entitled to the exclusive ownership and possession of an apartment under sub section (1) or sub section (2) shall be entitled to such percentage of undivided interest in the common areas and facilities may be specified in the Deed of Apartment and such percentage shall be computed by taking, as a basis, the value of the apartment in relation to the value of the property.
(4) (a) The percentage of the undivided interest of each apartment owner in the common areas and facilities shall have a permanent character, and shall not be altered without the written consent of all the apartment owners.
(b) He percentage of the undivided interest in the common areas and facilities shall not be separated from the apartment to which it appertains and shall be deemed to be conveyed or encumbered with the apartment, even though such interest is not expressly mentioned in the conveyance or other instrument.
(5) The common areas and facilities shall remain undivided and no apartment owner or any other person shall bring any action for partition or division of any part thereof, and any covenant to the contrary shall be void.
(6) Each apartment owner may use the common areas and facilities in accordance with the purposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartments owners.
From the above the subsection 6 will be more aptly suitable. If your neighbor is hindering or causing you disturbance and not listening or paying heed to your request, you may issue him a legal notice with a copy endorsed to the secretary of the association demanding him to oblige and respect the law as well as honour other's rights in the common space.
1. You do not have any specific car parking space bought by yourself,
2. It appears that the ground floor owner also does not have any specific car parking space bought by himself,
3. There is nothing called dedicated car parking space.,
4. There is no act to solve your problem,
5. It will be prudent on your part to settle the dispute amicably.