1) society will allot parking slot to you
2) you don’t have to pay seller for open parking slot
3) tenant can park. car in slot allotted to flat owner
4) owner of flat cannot sell flat with open parking slot
Open parking
Broker has shown us a 15 year old flat with open parking. He tells us open parking is mentioned in the sales agreement. Broker also showd us the alotted space for open parking. 1)Is it possible to have a fixed open parking slot because it's mentioned in agreement ? Or society will decide the place for open parking ? 2)Do I still need to PAY for open parking if alloting open parking space is at discretion of society ? 3)Are the tenants too eligible to park the vehicle in this space without any extra charge ? 4)Can existing owner of flat sell the flat along with open parking according to latest rules ?
Asked 4 years ago in Property Law
Religion: Hindu
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7 Answers
Dear Client,
- Yes, it is possible
- Everything mentioned in the agreement regarding parking and payment should be followed. He cannot ask for anything new payment.
- Yes, they are eligible.
- No, they cannot.
Thankyou
A)Yes the seller can't sell the open parking and I need not pay extra for open parking . But if seller has open parking alotted in his sales agreement , the same allotment will be there in my agreement too . Right ?(I don't know how this agreement with open parking looks like) B)in qu 2 , by paying for open parking i meant paying the society . If I have open parking in my agreement , do I need to pay the society monthly/any other parking charges , for alotting me/tenant a parking lot ? C) What should i look for in sellers agreement, so that i dont face any trouble with society over open parking when i start living there and I am assured that I WILL ALWAYS have a parking space ? Actually we have really liked the property but for this open parking thing . But if there are going to be parking hassles, we will just reject it. We are hopeful only because broker told us open parking is mentioned in agreement.
Asked 4 years ago
The same slot would not be mentioned in your agreement
2) you have to pay parking charges to society
3) society would allot you parking slot
4) seller cannot guarantee you parking slot
As far as the parking space is concerned, it cannot be sold by the seller, it becomes the property of the association being common area.
The sale agreement is a different document to that of the sale deed, you may confirm that if the open parking space allotment has been mentioned in the registered sale deed of the seller to ascertain the genuineness of the broker's verdict.
If the society has any bylaws instructing the member owners to pay for the open parking space, then you may have to abide by it, in general, the society may not charge for open parking space.
The tenants are also eligible to park their vehicle in the parking space allotted to the owner of the flat.
1. First of all stop using the word sale agreement, it is sale deed.
If your seller has the mention about the allotment of open parking space, then it will automatically get incorporated in your sale deed as well.
2. You can refer to the bylaws of the society in this regard.
3. You may better produce the relevant papers pertaining to this property before an experienced lawyer in the local, get a proper legal opinion and then proceed with the proposed purchase.
Generally open parking is common area. Builder can only sell parking as per rera rules. Society has discretion to provide you specific parking and you are only payable for parking charges monthly.
- 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, if the buyer -seller agreement mentions car parking as a separate item, or the buyer can produce other evidence of having purchased it, he can challenge the developer, and can get refund from the builder legally.
- 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
- Further, parking spaces are common spaces which 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
1 depend upon the discretion of society
2. Yes
3. No.
3.
