• Parking Bye Laws In Society

I have questions regarding parking bye laws within the society compound.

I have been parking my car for 3 decades now and for a couple of years in the same spot.

Out of the blue, the society is now stating that my parking is causing an hindrance to other vehicle movement.

I have received a letter from the society and wish to understand the laws before responding to the society.

The society has also sold many parking spots for perpetuity to members. Is this legal ?
There are a couple of members who have two spots in the building as well. Is this legal as well given there are many other members who dont have space to park the car inside the compound.

Any help and info in this matter would be appreciated.

Thanks
Asked 1 year ago in Property Law
Religion: Hindu

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9 Answers

Bye laws provide One flat one slot 

 

2) if number of flats are more than slots then it should be allotted by drawing of lots 

 

3) society cannot sell parking slots 

Ajay Sethi
Advocate, Mumbai
94523 Answers
7486 Consultations

5.0 on 5.0

Space of society is not a public place and therefore parking rules laid down by traffic police are not attracted. Within the space of society parking is governed by rules of common sense and convenience of all residents like…

  1. Each resident should have at least one parking place.
  2. A parking place should not cause obstruction to movement of other vehicles.
  3. Subject to paucity of land, no one should have more than one parking place.

Considering the above in the light of your problem it can be asserted that…

  1. As you are using parking for a considerable period of time, there can be any reason to deny the same to you.
  2. No immovable property/easementary right can be sold in perpetuity under Section 10 of Transfer of Property Act, 1882.
  3. No resident can be allotted more than one parking place.

Give a reply on the above lines mentioning all facts of two parking places for some and no parking place for some. Having using the parking for more than thirty years, what made the society to conclude that it is causing hindrance? You can also allege malice and fraud on the part of society.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Firstly you should concentrate on your problem alone, the problems faced  by others in this regard may take up their issue separately;

If you have been allotted with the parking space and had been using the same for years, then the society cannot ask you to vacate the space for any reason;

The society if is willing to allot a convenient parking space at a different place within the same complex you may consider the replacement if it is feasible.

If you have received a notice from society in this regard, you may approach a local lawyer and issue a proper reply containing strong objections and denial.

The society cannot take any action preventing you from parking your vehicle in the stipulated place without making any proper alternative arrangement if your parking is really a hindrance or causing inconvenience to other members of the society.

You can file a permanent injunction suit against the society for interfering in this matter and get a permanent injunction for the reasons you rely upon.

 

 

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

The society can only allot parking spots to members and cannot sell it permanently. Society takes parking charges for the same. Parking slots can only be sold by builder under Rera law now as garage parking which is closed from 3 sides

Prashant Nayak
Advocate, Mumbai
31807 Answers
176 Consultations

4.1 on 5.0

- As per Supreme Court, Neither a builder nor society has any 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 Society 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, 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

- Hence you can challenge the selling of parking by the society , and you have right to park in the specified place where you was allowed to park since beginning. 

- You can file a compliant before the Registrar against the society , and can also approach the Court for getting stay and relief from the Court. 

Mohammed Shahzad
Advocate, Delhi
13105 Answers
195 Consultations

5.0 on 5.0

dear client,  The Ministry of Housing and Urban Poverty Alleviation, Government of India, in 2017, clarified that in accordance with Section 2 (n) of the RERA Act, common areas include open parking spaces and thus, open car parking spaces cannot be sold either.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Dear Sir,

     It appears your society exceeding its limits. You have 2 options. One is to approach concerned government authority and lodge a complaint. Secondly, you may approach Court and get necessary orders against the society.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

If builder has given free gold parking place to all members whoever come on first come first basis than society can't change it letter.

 

Secondly kindly check whether the society has passed the by-laws to sell parking area to individual flat owner.

 

But society can't sell parking area to individual. Society can charge monthly maintenance in parking.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Parking lot falls under the definition of common areas, meant for the use and enjoyment of all the residents in the society. Allotment can be made, if any, only on common understanding. The society cannot dictate terms on this score. If they persist, send them a legal notice first and take further steps as may be advised by your lawyer.

 

Swaminathan Neelakantan
Advocate, Coimbatore
2773 Answers
20 Consultations

4.9 on 5.0

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