Builder has to provide a mandatory parking space to a certain number of flats dependant on the size of every flat as per the provisions of the Development Control Regulations. Parking space is not counted in F.S.I calculation and is the property of the society. That the common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society and the society can allot it on ‘First Come First Serve” basis or in any other manner in accordance to decisions of all the members, within the frame work of the Model Bye-Laws & MCS Act, 1960.
Allotment of Parking space is a “Administrative function” and the MC as well as General Body are empowered to allot the parking space to its own Registered members.
Registered members include family members and associate members. Tenant’s are Nominal Members and have no rights of a regular member, which includes having no rights of parking of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended as humanitarian facility to the nominal members.
Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body, under the Development Control rules (DC rules) and under the Fire Act rules.
Parking charges may be determined among the GB members, directing the MC to implement the GB directions.
Parking charges may be from 10/- to 10,000/- or anything per vehicle, per month, BUT as decided by the GB, BUT this is again applicable “ONLY” to Registered members including his family members and associate members. Nominal member is not a registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is allotted to registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
Depending on the number of lawful Parking spaces (under BMC rules) and number of member vehicles, Parking space may be tentatively allotted on yearly Rotation usage system, which depends on cyclic First Apply First Allotment system.More than one parking space may not be allotted to a member IF other members
parking requirements are not fulfilled.
In general the society is charging the non occupational charges from its members, therefore there are liable to allot the parking space meant for that flat, the parking space is not for individual member for for a flat. Therefore the society or MC should allot parking space to that flat even if it is occupied by a tenant at the rates fixed in GB. They cannot deny parking space to tenants if there are some.