• Parking Allotment

In my society, I am being threatened that facilities to my apartment will be stopped if I do not pay a monthly maintenance fee of ₹700. However, my refusal to pay is based on the following: My property registry document explicitly mentions a parking space associated with my 2BHK flat, for which I paid extra stamp duty. While the registry does not specify the exact area of the parking space, it does confirm 'standard parking.' The builder has not issued a formal parking allotment letter, and the society argues that without such a letter, my claim to the parking space is invalid. Despite this, they are currently renting out my parking space for ₹1000 per month since my tenant does not use it, yet they still demand I pay maintenance fees.

My arguments are: (1) I have already paid for the parking space, which is mentioned in my registry; (2) the society is generating income from renting out the parking space without my consent; (3) I have requested they vacate my parking space, after which I am willing to pay the maintenance fee, but they refuse, claiming my parking allotment is illegal; and (4) none of the other 40 flats have parking allotments mentioned in their registry, which the society uses to justify their stance. Is it legally valid for the society to disregard the parking allotment in my registry and demand maintenance while they profit from my parking space? What legal options do I have to protect my rights in this situation?"
Asked 1 year ago in Property Law
Religion: Hindu

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4 Answers

1) you have not purchased parking slot . builder cannot sell open car parking slots . it forms part of common area for benefit of all members 

 

2) society can charge parking charges even if builder has allotted you parking slot . once society is formed it can pass resolution regarding parking charges payable by flat owners 

 

3) society cannot rent out your allotted parking slot. in your case society states that no parking slot has been allotted to you 

Ajay Sethi
Advocate, Mumbai
99899 Answers
8153 Consultations

1.  If your registered sale deed is clear with recitals confirming allotment of parking space to you, then the association cannot refuse to allot the parking space to you.Under the "Apartment Act" in most States, parking spaces are considered a part of a society's common areas, making it unlawful for builders to sell them as separate units. It will also be illegal if a builder attempts to register parking spaces as independent units.

2. You can give a complaint against the society, if it is a registered body, with the deputy registrar of cooperative societies for relief and remedy.  If you do not find any solution from the registrar then you can approach court of law seeking remedy to this.

3. As per the National Building Code, one car parking space must not be less than 13.75 sq meters. For a 2-wheeler, it must not be less than 1.25 sq meters.

4.  If the builder mentioned in the Sale deed regarding the sale of parking , then on this ground you can claim a right over the same from the society as well without having to produce the allotment letter. 

T Kalaiselvan
Advocate, Vellore
90102 Answers
2503 Consultations

Dear Client,

This is the possible response to your queries

Under Indian law, especially the Maharashtra Ownership Flats Act, 1963, once parking space is mentioned in your property registry and you have paid stamp duty, your right to the parking space is established. The absence of a formal allotment letter from the builder does not nullify your right, especially if the sale deed mentions "standard parking." The claim of the society that your allotment is invalid is not legally sound.

The society cannot arbitrarily withhold services or rent out your parking space without your consent, as this would amount to illegal enrichment. The Supreme Court, in multiple rulings, has upheld that parking spaces sold along with flats become the property of the flat owner.

You can approach the Registrar of Societies or even file a consumer court complaint against unfair trade practice and seek relief on the parking issue with compensation for unauthorised occupation of your space. The society cannot, lawfully speak of stopping services to your apartment for non-payment of maintenance while making handsome profits out of your parking space.

 

Thank you.Hope this answers your query.

Anik Miu
Advocate, Bangalore
11028 Answers
125 Consultations

Dear Sir,

 

Can’t deprive residents of water, power: Experts

 

Bengaluru: Can an apartment association take coercive measures. Such as disconnecting water or power supply to a flat whose owner hasn’t paid maintenance charges?

Though every association wants absolute power to crack down against errant flat owners, the reality is that legally, it is not allowed. According to the legal experts STOI spoke to, no resident welfare association (RWA), housing society or apartment association has the authority to deprive residents of water, electricity, housekeeping and other essential services.

“Any non-payment or irregular payment of a resident’s share in the expenses would not confer any right on the apartment association to disconnect water supply,” said MP Srikanth, a practicing high court advocate.

As per the procedure, the names of defaulters have to be published on the association notice board, and they have to be given a short period to comply. If they fail to respond, a legal notice demanding payment of arrears should be sent. If the defaulters fail to pay even after receipt of the notice a suit for recovery has to be filed in a civil court.

SECTION 7 OF THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972


  1. Compliance with covenants, bye-laws and administrative provisions.- Each apartment owner shall comply strictly with the bye-laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended form time to time, and with the covenants, conditions and restrictions set forth in the Declaration or in the Deed to his Apartment. Failure to comply with any of the same shall be a ground for an action to recover sums due for damages or injunctive relief or both maintainable by the Manager or Board of Managers on behalf of the Association of Apartment Owners or, in a proper case by an aggrieved apartment owner.



 

            

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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