I bought 2 parkings in a gated housing colony in gurgaon(haryana) in 2010, one was a basement parking and the other was an open parking.however, the open parking was returned back to builder as the RWA did a case on the builder saying that they cannot sell the open parking. now, i have only one basement parking & the builder is not allowing me(and many other people) to bring the second car inside the colony. i am only allowed to park one car in the basement parking(which i bought). my question is can the builder or the RWA stop me from parking in the open parking(which forms a part of the common area)?. also the town and the country planning department s housing rules say that- The minimum two level basement for parking and services with a compulsory provision of one car space for every flat of the group housing complexes (except EWS).this provision is a free provision?shouldnt i be entitled to one free open parking at least?
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1) each flat owner is entitled to only one car parking slot
2) only if there is surplus of parking slot can you park your second car
3)the housing rules cited by you provide for allotment of one slot for each flat owner .
4) allotment can be by drawing of lots on nominal charges as per AGM resolution
5) you cannot park your second car
Parking slots are a part of the common are, the access to which cannot be curtailed by either the builder or RWA, but this is subject to a clause to the contrary in the agreement and/or sale deed. If there is no clause in the agreement or sale deed which places an embargo on your right to park the second car in the open parking when you park one in the basement then your right to park the second car in the open is indefeasible. Accordingly,you can first issue a lawyer's notice to RWA to demand the open parking, and then move to court to seek a judicial command against RWA and builder.
sale deed says vendee has been allotted 1 covered parking (basement one which i paid 2 lakh ruppees for)for his exclusive use and vendee(me)undertakes to park his car in the said parking and not anywhere else in colony.it is made clear, areas reserved for services, maintenance staff shall not be used for his parking.it also says that the computation of the super area of the flat does not include open reserved parking in and around colony for allottee. sale deed also says that the provisions of haryana apartment ownership act 1983 will observed and complied with. As per F(3) of the haryana apartment act- (3) the basements, cellars, yards, gardens, parking area and storage spaces form part of the common area. so do i have any right over the open area common parking or it is not a common area??
1) as per sale deed you have already been allotted car parking slot and you dont have right to park any where else in the colony .
2) please not that builder cannot sell car parking slot . do you have any receipt for payment of rs 2 lakhs ? as per Sc judgement builder cannot sell car parking slots
3) you dont have any right over open car parking area as you already have one car parking slot . parking area forms part of common area of society for benfit of all members
3)
The sale deed, in so far as it places an embargo on the right of the buyer to park in the common parking ares, is contrary to the law. You ought to challenge the restriction in the court.
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.
sale deed says vendee has been allotted 1 covered parking (basement one which i paid 2 lakh ruppees for)for his exclusive use and vendee(me)undertakes to park his car in the said parking and not anywhere else in colony.it is made clear, areas reserved for services, maintenance staff shall not be used for his parking.it also says that the computation of the super area of the flat does not include open reserved parking in and around colony for allottee. sale deed also says that the provisions of haryana apartment ownership act 1983 will observed and complied with. As per F(3) of the haryana apartment act- (3) the basements, cellars, yards, gardens, parking area and storage spaces form part of the common area. so do i have any right over the open area common parking or it is not a common area??
As you have purchased the parking by a sale deed, it becomes your own private property like the flat, whereas you are actually entitled for a parking in the open parking space too and you can claim rights for parking your second car, if the management committee is refusing or not inclining to your request you may resort to legal action as said above in my first answer.