The member who is reported to have bought the second car parking is playing fraud on the association as well as making fool of everyone for his wrongful gains.

Once the association has taken over the apartments, it becomes the absolute owner of all the common areas which includes the parking space.

The association can deny the car parking space claimed by the member for whatever reason he may cite.

Let him approach court of law and obtain an order, you can challenge the case as an association before court of law and get the case dismissed  on merits and as per provisions of law

Builder can only sell parking under rera Act and not otherwise 

Builder cannot sell open or stilt car parking slots 

it forms part of common area for benefit of all flat owners 

society can allot car parking slots 

- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area 

- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.

- Further , after forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members. 

- Since, the society is already formed then all the parking spaces are common spaces and belong to the housing society, and 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.

- Hence, the said owner cannot go beyond the rule of the society and purchase the second parking from the landowner of builder as they have now no right over the same. 

Builder cannot sell open car parking slot as it forms part of common areas 

even if declaration deed is executed still open parking slots cannot be sold 

- Since, the builder run away then the flat owners can form the society and registered the same

- Further, every member is bound to comply the rules framed by the society , and hence the builder has not right now to allot the parking space to any owners. 

The deed of declaration is an important document that establishes ownership and legal rights over a property. It is also known as the deed of trust. The responsibility to execute this document usually falls on the property's developer or builder.

A declaration deed is a legal document containing all the vital information about the property. Builder’s name, construction area, type of land/building, total carpet area, amenities in the building, number of flats, etc. are all mentioned in this document. It is mandatory for the builder to execute a declaration deed.

the builder of the property executes a deed of declaration. It states all the property details, including the total area and location.

Whatever once the association is already formed by the apartment owners by themselves, the developer nor the landowner can interfere i the administration functions of the society.

The sale of even stilt car parking space by the builder subsequently will be considered as invalid and illegal because the apartment owners association becomes the absolute owner of the entire apartments' common areas and this parking are falls under the common area category

Dear Client,

A Declaration Deed is a crucial legal document that outlines the rights and responsibilities of various parties, including the association, landowner, and builder, concerning common areas and unallocated spaces. If such a document exists and is registered, it would clarify the situation and provide a legal basis for the association's claims. Despite the absence of explicit documentation, the association still holds certain rights and powers granted by the Karnataka Societies Act. These include the authority to manage common areas, enforce rules and regulations, and represent the interests of its members. However, the lack of specific documentation may weaken the association's legal position in disputes related to unallocated spaces.

Association only has right to allot parking and not to sell the same