• Federation rights over housing society

Hi,
We are from Thane , Maharashtra city.
We have housing federation of 7 societies
each society has there owner stilt parking areas.
For us also we have stilt parking areas.
Federation is asking parking ownership document to societies for distributing parking stickers (park+ system stickers to entry gate)
We assume that since stilt area comes under society, what rights federation have to ask for ownership document of that stilt parking. Society know who all are owner of those stilt parking area.
does federation have rights to ask documents? tomorrow they may ask for flat owner document as well which I think interuption in society's own business.
please guide.
Asked 2 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

9 Answers

In India, housing societies are governed by the Maharashtra Cooperative Societies Act, 1960. Generally, the federation or managing body of the housing societies has the authority to regulate and manage common areas, which may include stilt parking spaces. They often require documentation for various purposes, such as issuing parking stickers or ensuring compliance with society rules.

 

However, the exact authority and rules may vary depending on the specific bylaws and regulations of your housing federation. It's essential to review your society's bylaws and the cooperative society's rules to understand the extent of their authority regarding parking areas and document requests.

 

If you believe that the federation is overstepping its authority or making unreasonable requests, you may want to consult with a legal expert specializing in property and cooperative society matters for guidance on how to address the situation and protect your rights as a member of the housing society.

 

 

 

Anik Miu
Advocate, Bangalore
11015 Answers
125 Consultations

Yes, Federation has rights to ask for documents, however if society has allocated parking space flats wise than no issue to shows the details. Kindly check the federation By-laws passed in the past or at the initial stage of federation formation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Stilt car parking forms part of common areas for benefit of all members 

 

2) builder cannot sell stilt car parking slots 

 

3) submit documents sought by federation 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

 

You have merely been allotted parking slot 

 

you are not the owner of parking slot 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

The federation may demand the said requirements based o the resolution passed in the meeting of the office bearers of  all the societies.

You can ask your society to not to submit any such documents even if the federation decides to remove this society from the federation. 

Your society in its own emergency or special  meeting can decide about such issues, because there is no such rule or bylaws governing such issues. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

The stilt parking space can be sold but the open parking space becomes common area hence cannot be sold.

The allotment letter given by the builder at the time of executing the registered sale deed is very much valid even today

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Your parking space will remain with you only. Builder must have given handover to society kindly check that agreement. or handover procedure.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

A federation of housing societies is essentially a collective of cooperative housing societies registered under Maharashtra's legal framework. While it can offer various services like guidance, arbitration, and representation to its member societies, it doesn't possess the authority to interfere in a member society's internal affairs without explicit authorization.


  • Functions of the Federation: The federation can guide, assist, arbitrate, and represent its member societies.

  • Limitations of the Federation: It cannot intrude in a member society's management unless given permission either by the society's general body or the Registrar of Cooperative Societies. It is bound by the Maharashtra Cooperative Societies Act and Rules, and cannot impose conditions conflicting with these regulations. For instance, the federation cannot demand parking ownership documents or flat ownership papers unrelated to its objectives.

  • Addressing Disputes: If disagreements arise between a housing society and the federation, attempts for amicable resolutions through discussions or mediation are recommended. If these don't work, societies can approach the Registrar of Cooperative Societies or the Cooperative Court for resolution.

Regarding the stilt parking:


  • Ownership and Sale: Stilt parking spaces are categorized as common areas in a cooperative housing society. Builders or promoters can't sell them according to the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Maharashtra Ownership Flats Act, 1963 (MOFA). They can only charge for the construction costs, not for land or FSI.

  • Addressing Overcharge: If someone purchased stilt parking space from a builder in 2004, they might have a claim against the builder for overcharging. Legal actions, such as sending a notice demanding a refund with interest and compensation, can be initiated. If unresolved, one can approach consumer forums or RERA authorities for redressal.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 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, parking spaces are common spaces which belong to the housing society, and allotment of the same is at their discretion.

- If the builder has given the allotment letter for parking , then you can submit before the society for allotting the same parking slot to you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Ask a Lawyer

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