It is not unauthorised 

2) sale of parking slots is illegal as per SC judgment 

3) all flat owners should pay parking charges 

4) resolution has to be passed in AGM for cancellation of stilt car parking slots 

5) if not possible to do so file complaint before cooperative court to cancel sale of parking slots 

6) disposal of case depends upon pendency of cases in trial courts 

1. Stilt parking is purchased by 9 members from builder. If that is the case, others cannot claim any right it stilt parking.
2. Parking of vehicle by members in open cannot be unauthorized. It may be irregular which can be regularized.
3. Builder can sale/allotted parking space for members. It is matter of general law of contract.
4. Quorum of agm is matter of bylaws of society. Check bylaws to ascertain quorum for agm, it is generally not less than ¼ of the membership. The resolution has to be cancelled as per bylaws through majority.
5. Parking space is purchased by 9 members, they paid for it in lump sum, other have not purchased parking space, they are using common area, society can charge for that, but 1200/- is unreasonable.
6. Builder sold parking space, it cannot be cancelled.
7. Following is the advice to questions 6 to 9.
8. Point involve is wider as to equality before law and members cannot decide right in which they have direct interest. Members possessing parking space cannot vote in resolution for regularizing of parking right of others. They cannot sit in judgment in favor their right.
9. Traffic rules does not permit parking of vehicle on pubic space, society cannot deny you right of parking in common area. Charging 1200 amounts to denial to parking space and forcing you park in public space. No society can pass any resolution which can potentially violate any law.
10. Your remedy is filing of writ in High Court of Bombay elaborating above points referring to relevant traffic rules and principle equality before law.

1. a builder is not authorized to sell car parking spaces as individual real estate units. Back in 2010, the Supreme court had banned the sale of parking spaces across the country. 

According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.

When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.

The typical parking charges are laid down by the general body. They may range from Rs. 10/- to Rs. 10,000/- per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members. This can happen when a resolution is passed in the General Body Meeting to do so

2.  builder is not authorized to sell car parking spaces as individual real estate units. Back in 2010, the Supreme court had banned the sale of parking spaces across the country. 

3. The quoram  for the members presence for this kind of special meeting would be as per the bylaws, you may visit the bylaws of your association before trying to take any action to nullify this resolution.

4. You can take up this matter legally by first issuing a legal notice questioning the validity of their demand and rights or powers  under which the charges are demanded.

5. Read the first answer above.

6. You may have to exhaust all the remedies before approaching court so that your case would be stronger.

7. No comments to this.

8.  You can take up this matter before the association through another meeting with proper representation from all the members and pass a resolution  on the basis of majority voting.

9. The time taken for the court to dispose the case cannot be predicted owing to various factors involved in a litigation before court.

1. You are facing the problem now only hence you can very well quote the said ruling if it is applicable in your case.

2. The issue is about parking space. 

You can discuss about the parking issue in general,  let the members decide about the issues involving parking including open parking and legality of the allotment of stilt parking only to a group of members when other members are eligible and  willing to accept the stilt parking if allotted. 

If it's open space and not allotted to anyone, after paying parking charges it's legal. 

Yes stilt parking allotted is legal

It's 2/3 members are required but if there is no quorum after sometime the resolution can be passed with available quorum

Parking charges are paid to the society if parking is not sold to member. 

Once after Constitution of society the power comes to society and not builder. But if the parking is allotted/sold under rera then society can't interfere. 

It's better you first approach dy registrar than approaching cooperative court

Yes SC judgment is applicable to all parking except rera ones. 

SC has held stilt car parking area forms part of common areas and cannot be sold by builder 

2)stilt car parking owners can vote in AGM to cancel builder allotted stilt car parking 

3) it should be passed by majority of members present and voting 

You are correct. In Nahalchand Laloochand P.Ltd vs Panchali Co-Op.Hng.Sty.Ltd on 31 August, 2010, Supreme Court  has held that stilt parking is part of common area and cannot be sold. You have a very strong case against society for charging you 1200/-. As only a dispute at point of law is involved, you can approach High Court in writ petition and seek allotment of parking space by rotation. You are seeking application of judgment prospectively, not retrospectively prior to 2010, the law stated in the judgment is very much available to you. Subsequent  to above judgment there is specific  notification by State Government  declaring stilt parking as common area.

- 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.

- 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. 

- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members

- Further, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting

1. if the society has not permitted its members to park their vehicles in the open areas then such parking will be unauthorised

2. at the material time MOFA was applicable. Under MOFA a stilt car parking comes under common areas which are not saleable. Pertinent to note that the act does not define 'common areas'. However through jurisprudence and judgments of courts it is held that stilt parking comes under common areas and the builder cannot deal with such area. However if the society ratifies the allotment of the stilt parking in a general body meeting of the society members by a majority vote and passes a resolution to that effect, then the builder allotted parking will hold the field.

3. section 76 of societies act states as below:

[special general body meeting] may be called at any time by the Chairman or by a majority of the committee and shall be called within one month--

(i) on a requisition in writing of one-fifth of the members of the society or of members the number of which is specified in the bye-laws for the purpose, whichever is lower

4. only if the society has ratified the builder allotted parking and has also resolved to not charge such members, would it be right for the society to not charge the stilt parking members. similarly if the society has resolved in a SGBM by passing a resolution by majority vote to charge the members who park their vehicles in the open compound, can the society charge such members and not otherwise

5. there are 9 members who have stilt car parks whereas there are total 20 society members. so how can the stilt parking members be termed as being in majority? simply call for a SGBM where all the non-stilt parking members are present and pass a resolution by majority vote to overturn the builder allotted parking 

6. either can be done

7. that will lead to disputes and quarrel among society members. do not take law in your hands. go legally

8. rotational parking. your question itself has its answer

9.completely irrelevant question. how can someone predict that?

follow up-

1. yes SC judgment is applicable

2. all members who are present in the AGM and entitled to vote can vote. ofcourse the stilt parking owners will vote against any resolution passed to cancel the builder allotted parking. how many non-stilt parking owners should be present ? this is a completely foolish question! if 9 members have stilt parking then obviously all the 11 non stilt parking members must be present in the meeting and vote in favour of the resolution for cancelling the builder allotted parking 

please note that no good lawyer will give you any timelines as to how much time a court matter will take

what if you are told 3 months. but the matter takes 3 years to resolve? then the client will try to cry foul and blame the lawyer for any alleged delay

there is no unprofessionalism resorted in the replies

by asking totally unnecessary, irrelevant questions you are only irritating the answering lawyers here

something which is so obvious is being asked as a query, which was taken exception of in my reply

please refrain from writing any comments in my comment box

if you are not satisfied with the reply you can simply skip it!

one more comment in my comment box and i will see to it that you are banned from asking any questions on this platform in future

replies to your queries were given duly 

where certain part of your query were found to be irrelevant, an exception was taken to it. nothing objectionable was stated in the reply. 

as earlier said if something in the reply did not find well with you, you could have simply ignored it

by writing comments in the lawyer's comment box you are resorting to criminal intimidation

so you are warned to refrain 

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