Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the High Court of India, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
Parking spaces are common spaces which belong to the housing society. 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.
Open Car Parking space in a co-operative society is the space which is open from top, meaning is not covered by a ceiling. It is not having a roof on top. It is not equivalent to stilt car parking.
Stilt Car Parking space in a co-operative society is the space which is not open from top, meaning thereby that it is under the stilt or the building constructed for the flats. It is having a ceiling. It is having a roof on its top. It is not equivalent to Open Car parking space.
General Meeting of the Society HAVE the right to charge from those members who wish to park their vehicles under the stilt, on first come first served basis only and on daily basis or monthly basis only. Such a resolve has to be passed by a general meeting of the society, in case the stilt parking in a co-operative has not been allotted by the Society by taking prefixed amount during construction of the Society.Any member can park any number of Cars. The society can impose the condition that the Car should be owned by the member or his family member living in the Society and be used for personal conveyance and not for commercial purposes.
Reserved Car Parking Space is that space, for which the Co-operative Society, during or after the Construction have invited all the members to opt for Reserved Car Parking Space by paying a specified amount; on first come first served basis. On receipt of the specified amount the Society allots the particular space to particular member.
If the Society has collected lump sum charges from few members for the space under the stilt then such space is exempt from any charges if the allottee member parks 1 or 2 cars or 2 wheeler, within the allotted space under the stilt.This is called Reserved Car Space of the members.
If any member or a resident or a tenant of a co-operative group housing society is not able to get what one should get as services from the said society, he/she has all the rights to serve a legal notice on the society. The managing committee is responsible to ensure that what ever are the rights of the members or their representatives should be and must be given / provided without any delay. But if the managing committee is not providing the required services, a legal notice should be served upon it.
If situation as explained above arises the members have their right to serve legal notice on the Society and still if the society do not mend their ways, a legal case may be lodged at 3 places (1) Registrar (2) Consumer Court (3) Criminal Court. In the opinion of our legal experts, it is the sole choice of the complainant to file the case 1 or 2 or all the 3 options open before him.