Dear Sir, I had booked the flat in Ahmedabad with one of the reputed builder in Jan 2017 and sale deed executed on 29th May 2017 post introduction of RERA. The core issue is at the time of flat booking builder was charging Rs 1 lac for open parking space ( in the name of parking area development charges ) and as i a was short of fund i choose to opt out from paying 1 lac extra for open parking. After taking the possession i realized that it will be difficult to manage without allocated parking space and i had wrote to them about allocated parking which they refuse saying they are out of space and forced me to buy covered parking ( Stilt ) @ 2.5lcs which i could not afford at that time ( I have mail communication with devloper in this regards ) after society formation in August 2020, society management committee took over the office and they issued RFID tags only who had opted for parking space ( as data shared by Builder )and denied my vehicle to enter the premises. since then i am managing with NOC for parking from my neighbor who are resident out of India. It is difficult for me to manage and also the sale the flat in absence of allotted car parking. Society committee is also not helping and allotting car parking to me stating society is non profit organization and cant make money by renting or selling it to those who have no allocated space. Society is having an lots of empty parking available which is vacant however resolution is passed in AGM to not to allocate the space to anybody and keep it empty. I have written multiple mail to mangement with seeking a allotment of parking space but non of the mail answered. also off the record they saying that there is no legel provision for soceity to allocate the parking as society is non profit entity and can sell or allot the parking. Pls advise the legal option for this .
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) check the bye laws adopted by society
2) there must be provision for allotment of parking slots to flat owners
3) if there is parking space available society must allot parking slot to flat owners
4) you have been sold covered garage .you should be entitled to park your car in coveted garage
5) take legal proceedings against society to permit you to park car in coveted garage or allot another slot
- 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.
- Hence, the said society has no right to allot the parking space to those owners who has purchased the same as this is against the law.
- You have equal right over the parking space being the member of the said society,
- Hence, you can file a complaint before the registrar , if the society has refused to allot a parking space.
- Further , you can also file a petition before the court against the society.
- Send a legal notice before filing any complaint.
In my view the reason given by the society is completely absurd
The very concept of a cooperative society is 'cooperation'
If there is vacant space available and you are willing to pay rent or sale price then the society cannot refuse
Society is the owner of the common areas and vacant spaces...so even if it does not wish to sell the vacant space to you for parking then it can always allot you a space against maintenance charges
Can the society refuse to accept maintenance charges by saying that it's a not for profit organization?
You will have to take this issue to the district deputy registrar of cooperative societies having jurisdiction over your society. File a complaint
Dear Client,
As per RERA, it is now the duty of the builder to disclose and provide parking areas within common spaces. Except if the agreement deed permits selling open parking spaces, which ordinarily is not allowed. Builders cannot also sell the parking spaces independently. When the society is created, it also takes charge of maintaining common spaces which includes parking lots as well. If it has free parking space, the society needs to allot on first come and own basis which is either through a lottery system or as passed in AGM. Failure to issue available parking spaces in this circumstance may be seen as arbitrarily or discriminatory. If the society's actions seem arbitrary, you can file a complaint against the builder for their failure to fulfil obligations before Gujarat RERA Authority as well as approach Registrar of Societies. You can also think of filling a civil suit or complaint with the Consumer Forum for deficiency in service. Before seeking redress via the law, it might also be worth compiling evidence or trying to mediate with your society. You should also consult with a local property lawyer expert in RERA to society law who may guide you.
Question here is society ( soceity is registed as cooperative housing service society )has adopted parking allotment plan ( layout) submitted by builder at the time of handing over of society and same numbering is also given to the allocated space for other members , since my name is not in the list they are not alloting the parking. Also if all the members are having a equal right over the common space that included the parking then why should i pay the additional maintenance charge as others are got is as allocated by builder. also society is allowing additional 2 nos of two wheelers with RFID tags who have allocated parking space and i have none. As per my knowdldge other members had paid 1 lack Rs for open car parking and 2 lac for stilt parking in the name of parking area devlopment charge ) is this allotment legal ? Which leagal body is to approch for this a cooperative tribunal or consumer redressal forum as society is fails to perform its duty.
Builder cannot sell car parking slot .allotment of parking slots by builder is not binding on society
3) you can approach cooperative court or consumer forum for necessary reliefs
Dear Client,
All members of a cooperative housing society have equal rights on common areas including parking spaces, under the Maharashtra Cooperative Societies Act 1960. You can legally fight against the society's refusal to give you parking, even through they are entitled as per law of owe extra maintenance fines. If the payment made by other members as ''parking area development charges'' was not approved via a transparent allocation process had been termed illegal. A complaint can be filed with the Deputy Registrar of Cooperative Societies and or to seek justice in concerned cooperative court. If your society does not take action, the next remedy available to you is that seek redressal from Consumer Redressal Forum under Consumer Protection Act 2019 for 'deficiency of service' provided by the society.
You can first issue a legal demand notice demanding the society to allot the car parking space as per your entitlement in the available parking space within the society.
You can also mention that you are ready to pay the rent or the maintenance charges additionally to this parking space if others are paying it.You can warn the society to face the legal consequences if they refuse to allot the parking space because the parking space comes under common areas and as a member owner you are entitled to a car parking space.
Failing to respond you may approach cooperative court against the society with a suit for mandatory injunction seeking direction to the society to allot you the parking space in the society where you are a registered member.
- You have both the options , however before filing a compliant should issue a legal notice to the society.
Society is still deniying saying the all the other members have a parking allotment letter from the builder and i do not have . this way even after being a resident memebr of the society i dont have a right over parking space.
you have rightto be allotted parking slot
issue legal notice to society to allot you parking slot
You issue a legal notice to the society and after that make a complaint with the registrar of cooperative societies in this regard.
If it is still not redressed, then you can approach cooperative court for relief and remedy or consumer commission.
The society is registered as service society , According to soceity they dont have any right over any land or building and as builder handed over the soceity even they cannot allot the parking.
Parking forks part of common areas for benefit of all flat owners
you are entitled to one parking slot
issue legal notice to society to allot you parking slot
If that is the case they cannot claim any rights over the parking area hence the control they exercise over the parking area is illegal.
However nothing prevents you from going to court and obtain an order in your favour.
- You can file a complaint before the Consumer Forum against the society and also to the registrar
Dear Client,
If you as a resident member of the society do not have a parking allotment letter from the builder whereas other members of the society have, you may still have a legal right to park your car on the common ground. According to Section 6 of the Transfer of Property Act, 1882, in the event of a lease, no rights are assigned over common areas like parking, unless the lease document states otherwise. Further, the RERA clearly states that builders need to specify in terms of sale of properties that if you have paid for parking and parking space was promised to you then it is your right. If the society continues to bar you, then it advised to seek the help of a lawyer for complaining to RERA or sue the society executives. Your rights should also receive protection from the tenancy laws and the rules set by RERA.
I hope this advice is fruitful.