• Parking space (mechanical stack) in Co-op Housing Society In Mumbai

Hello, this is regarding parking space inside CHS premises. Back in 2013, we purchased a flat in Malad West in Mumbai. The flat was owned by a regular investor of the developer (but property registration had not been completed). At that time, we were communicated by the developer that we have to pay extra for a parking space. We were left with no option since all other buyers had bought an allotment letter from the developer in the same way. We were allotted a parking which was a mechanical parking on 1st level in the basement. However, the developer defaulted on not building the mechanical parking till date. Out of 30 mechanical parking, developer built only 10 of them and left the others with a common answer "no money to build the same". Individuals decided to file a case against the builder after the society was formed. Unfortunately, the CHS formed did not consider the mechanical parking as part of common area space. After filing the case on the developer, society did not consider providing the affected members with temporary parking spaces. Instead, the society allowed the members with multiple parking spaces to rent out their parking spots which were not utilized. I requested the society for a spot which was not hindering anyone and the society allowed me to park my car in such spot for last 5 years. Recently, the society management changed and I am now being forced to look for a parking space elsewhere, i.e. pay rent to one of the members for their extra parking space. My recent research on this issue seems to indicate that society has to ensure that each flat has to have at least one parking and members are not allowed to be charging rent for common spaces including parking spots. In our society there are approximately 100 flats and there are many flats with parking spaces ranging from 2 spaces to 5 spaces. Society currently considers all parking spaces as private properties and have left the individuals to approach the developer/ contractors for their individual mechanical parking. I wanted to check if legally I am allowed to claim one parking space as a member until the mechanical parking is built and should the society be absolving themselves from owning the common areas including the parking spaces.
Asked 4 months ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

Society is bound to provide you one parking slot 

 

2) of flat owner is having multiple slot society shoukd cancel the allotment and reallot car parking slot to those who don’t have parking slots 

Ajay Sethi
Advocate, Mumbai
92778 Answers
7130 Consultations

5.0 on 5.0

Yes. As per law each flat owner is entitled to one car parking are. Car parking cannot be sold privately as the sane is integral part of flat so more than one parking space cannot belong to one flat. The act if society is illegal. Common area belong to every flat owner commonly. Society is only to manage the welfare of society and society is not entitled to be owner. 

Siddharth Srivastava
Advocate, Delhi
1147 Answers

5.0 on 5.0

Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of 'first come first served', for unsold and available parking spaces.

Car parking is one of the most important aspects in housing society. After a society is formed and registered, certain rules and regulations need to be implemented as per bye law. If society not following bye law , member will go to court to get justice.

In society the common areas cannot be sold by the Builder / Developer / Such sale can be challenged by a society

ye Law No 78(a) Policy for allotment of parking slots 

The Society shall in the General Body meeting frame and adopt Parking Rules to regulate the Parking slots, in accordance with the Act and Rules there under

Bye Law No 78(b)

The allotment of Parking Space shall be made by the Committee on the basis of "First Come First Served", for available parking slots However the Member shall have no right to sell or transfer the Parking Slot allotted by the Society.

Bye Law No 78(c) Restriction of Parking Slots

No Member shall be entitled to utilize more parking slots than that officially allotted to him by the Society

Bye Law No 79. Marking of Parking slots

Where any parking slots have been built or open space in the Society's compound is available for parking of cars, the Society shall number and demarcate the stilts and / or the open space in such a way that no inconvenience would be caused to any of the Members of the Society. The Committee shall ensure that the space is used by the Members for the purpose for which it is allotted to them.

Bye Law No 80. Eligibility for allotment of parking slots

A Member having a vehicle will be eligible to have parking slot. Normally no Member shall be eligible for being allotted more than one parking slot. The vehicles may be owned by him or allotted to him by his employer, or the firm of which he is the partner or the company of which he is the director. 

 

Therefore you can take legal action against the society if they refuse to allot the parking space to you even if they are available.

T Kalaiselvan
Advocate, Vellore
82974 Answers
1980 Consultations

5.0 on 5.0

Yes you are legally entitled to one parking space till you get the mechanical one

Prashant Nayak
Advocate, Mumbai
30725 Answers
154 Consultations

4.1 on 5.0

Parking lots are very much 'common areas' meant for the use and enjoyment of all the residents in a multi-storey residential complex, and no one can claim any exclusive parking space as a matter of right. All the members of the society need to come to some sort of a gentlemanly arrangement for allotting the parking spaces amongst themselves.

Swaminathan Neelakantan
Advocate, Coimbatore
2624 Answers
20 Consultations

4.9 on 5.0

The society is registered as a 'co operative housing society '

Means the members have to co operate with each other for living together in a space which is owned by the society 

So each member must atleast get one parking space 

If there are less number of parking space than flats then the parking has to be allotted by rotation so that no member is deprived 

Parking space forms part of the common areas 

Common areas are owned by the society 

For maintaining the common areas the society charges maintenance from its members 

So the society cannot raise its hands and allow members with multiple parkings to rent them while those who do not have even one parking space are left in the lurch and are made to run behind the developer 

The act of your society is clearly against and in violation of the co operative movement as envisaged in the Maharashtra co op societies act 

Solution for this if the society does not budge , sadly is to approach the co operative court by filing a dispute case 

A complaint to the district dy registrar of co operative societies of your ward can also be made 

Yusuf Rampurawala
Advocate, Mumbai
7303 Answers
79 Consultations

5.0 on 5.0

- As per law, 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

- Since, you are also a member , hence legally you have right to get one parking and the society cannot adopt the arbitrary way 

- You can lodge a complaint before the consumer forum against the society and also to the registrar. 

Mohammed Shahzad
Advocate, Delhi
12115 Answers
169 Consultations

5.0 on 5.0

  1. Parking space of a housing society is common area and no member can rent out.parking space alloted by society in the manner you have stated. 
  2. The society is legally bound to distribute allotment of parking space in the manner which suits all members. More parking space to a few members, as is the case here, is blatantly illegal.
  3. You must seek legal remedies  by suing the managing committee. 
  4. Whether you should litigate before the consumer court or cooperative court can be best adviced, after exhaustive consultation session. You have to visit me for such exhaustive consultation. 
  5. I understand you are based in Mumbai. I'm also based in Mumbai /NaviMumbai. So it shouldn't be much of an issue for you to visit me for exhaustive consultation. 
  6. ९८२०८९७८८४ (nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1516 Answers
5 Consultations

4.4 on 5.0

In general, the ownership and management of parking spaces within a housing society or cooperative housing society are governed by the society's bylaws, rules, and regulations. These bylaws are typically framed in accordance with the cooperative housing society laws and regulations applicable in the specific state or region.

 

In your case, it seems that the developer failed to construct the mechanical parking spaces as promised, and the society did not consider them as part of the common area space. This has resulted in a shortage of parking spaces and some members renting out their unused parking spots.

 

To determine your rights and options, you may need to review the society's bylaws and relevant regulations governing parking spaces in cooperative housing societies in Maharashtra. These bylaws should outline the rights and responsibilities of the members, the society, and the developer regarding parking spaces.

 

Additionally, you may want to consult with a lawyer who specializes in cooperative housing society matters to get specific legal advice based on the facts of your case. They can analyze the relevant documents, such as the purchase agreement, allotment letter, society bylaws, and any correspondence with the developer or society, to provide you with guidance on your legal rights and possible remedies.

 

 

 

 

 

Anik Miu
Advocate, Bangalore
7720 Answers
88 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer