• RWA trying to forcefully impose parking rules and impede movement

Sirs,
I live in 35 apartment society in which RWA is functioning.
1) I was alloted 1 parking space by the Builder and i was given an exclusive driveway leading to this parking. I have been using this driveway to park my second car since posession for 6 years . My second car does not impede the passage of any other resident.
2) RWA is asking me to remove the second car saying it is against society norms.
3) In our sale deed it is clearly mentioned that common areas, parking roofrights etc are sole property of the builder.
4) I also know that builder has not officially handed over society to RWA ,No Occupation Certificate or NOC has been given to RWA by Builder.
5) I would like to know is RWA under its jurisdiction, to ask me to remove the car and what legal relief can i get in this case
6) I am facing lot of harassment by the RWA secretary who keeps sending notices and whatsapp messages .No resident has raised any complaint ,even the President is against the action of the Secretary.
Asked 3 years ago in Property Law
Religion: Hindu

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6 Answers

RWA is having control and liable to manage all common areas including the parking area.

However RWA cannot make it's own rules without the approval of majority members in a general or special meeting and by passing a resolution.

If you have been officially allotted with this second car parking space then you can issue a legal notice to the association to restrain from indulging in such acts of harassment and can inform them to proceed by adopting due process of law instead of posing such threats.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

It can't ask.thats why they can't impose such things 

 

 

 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Car parking lot comes under common area, meant for the use and enjoyment of all residents, and no one can claim any exclusive over parking slots. All the members of the society need to reach a gentlemanly agreement for making parking arrangement without causing any inconvenience to fellow-residents. However, the society cannot make any laws of its own and dictate terms. You may write to the society explaining the legal position.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Car parking slots for, part of common areas for benefit of all members 

 

2) you cannot park your second car as no second parking slot has been allotted to you 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

- 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
- However , if you are using the said parking space for long period , and no member having objection for the same , then the society cannot instruct you to remove 

- If the society is creating trouble out of the society Rule , then you can lodge your compliant before the Registrar. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear client I am sorry to hear that but in this case you can file a complaint to you nearby police station or file a caseed against authority.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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