An apartment association does not have the unilateral authority to take away, reduce, or alter a parking space that has been allotted and continuously enjoyed by a flat owner, even if the exact dimensions are not mentioned in the sale deed. In stilt or open parking arrangements, allotment is often done by marking and long-standing usage, and courts have consistently recognised such allotments when they are part of the original possession and have remained undisputed for years. Once a specific parking slot is earmarked and handed over by the builder and accepted by the buyer, the association acts only as a manager of common areas and cannot re-allot or carve out that space without due process.

Your uninterrupted and exclusive use of the parking space for more than 10 years is a very strong factor in your favour. Long, peaceful, and uncontested usage establishes a possessory right and creates a legitimate expectation that cannot be defeated arbitrarily. While this may not amount to ownership in the strict sense, courts have repeatedly held that an association cannot disturb settled possession without authority of law, written consent, or a valid general body resolution. Any such interference is treated as illegal and arbitrary.

Visitor parking, by its very nature, is a common facility meant only for temporary use by visitors. Converting visitor parking into permanent parking for residents is illegal and contrary to apartment by-laws, municipal norms, and settled principles of apartment law. Even visitor parking itself cannot be created by encroaching upon or reducing an existing allotted parking space. What makes your case stronger is that the association has not even used the space as visitor parking but has allowed residents to permanently occupy it, which is a clear misuse of common areas and indicative of arbitrariness and favouritism.

The association’s actions are further vitiated because there was:

• no prior notice to you

• no written consent

• no general body resolution

• no amendment of by-laws

• no lawful re-allotment process

This makes the act procedurally and substantively illegal.

As for remedies, the correct legal route is primarily civil, not criminal. You should first issue a formal legal notice to the association demanding restoration of your full parking space and removal of unauthorized vehicles, clearly recording the facts, your long usage, and the illegality of their action. This creates a documented record of objection and is important before further proceedings.

If the association does not comply, you can file a civil suit for permanent and mandatory injunction, seeking:

• restoration of your original parking space

• restraint on the association from interfering with your parking

• removal of unauthorized vehicles

Courts routinely grant interim relief in such cases when settled possession is disturbed without authority.

If your apartment falls under a Cooperative Society Act or Apartment Act in your State, you may also approach the Registrar / Cooperative Authority for violation of by-laws and misuse of common areas. This is often an effective parallel remedy.

A police complaint is generally not the primary remedy, because parking disputes are civil in nature. However, if there is forceful obstruction, threats, or continued illegal occupation despite written objections, you may lodge a limited police complaint for criminal trespass or nuisance, mainly to create pressure and record the misconduct. Police action alone will not resolve the dispute but can support your civil case.

To strengthen your case, you should collect and preserve:

• photographs and videos showing your original parking markings and current encroachment

• old photos, if available, showing your exclusive use over the years

• any builder communication, possession letter, or layout plan indicating parking

• maintenance bills, society communications, or emails showing no objection earlier

• CCTV footage, if available, showing permanent resident parking

• copies of association by-laws regarding parking and common areas

• witness statements from neighbours confirming your long usage

In summary, the association has no legal right to reduce your parking space or convert it into visitor or resident parking without due process. Your long-standing possession places you on strong legal footing. The most effective course is a legal notice followed by a civil injunction suit, with the Registrar route as a supplementary remedy.If you wish to contact us, you may do so on https://qrco.de/syslaw

1) Your 10+ years of peaceful, exclusive use creates a "possessory right." The association must follow a fair, transparent process (like an AGM resolution )  to change long-standing parking arrangements; they cannot simply re-mark the area without notice.

2) Misuse of Visitor Parking: It is illegal to convert visitor parking into permanent resident parking. Municipal laws (like the Development Control Rules) mandate that a specific percentage (usually 5–10%) of parking must be reserved strictly for short-term visitors. 

3) association cannot unilaterally take away a parking space that was originally allotted to you by the builder. Even if not in your sale agreement, a separate allotment letter or marking is considered a valid "administrative allotment."

4) you can send to your Apartment Association demanding the restoration of your parking space

5) police will not intervene as thy would direct you to approach cooperative court or civil court for necessary reliefs 

6) if you are cooperative housing society complain to  registrar 

for violation of society bylaws and arbitrary management action 

7) File a suit in cooperative court for orders  to restore your parking space and a permanent injunction to prevent further encroachment.

This is a matter of gross deficiency of service,

In such event you can file a case before the consumer forum seeking refund of amount they took on account of the space allotted to you.

This would be in addition to compensation.

If new constructions came on a common area then it is  fit case where you can file writ petition for demolition of unauthorised construction. 

No, association cannot cut your 10+ year stilt parking or misuse visitor spots for residents without GB resolution/notice/consent.​

Key Rights

• Stilt parking is common area but exclusively allotted; cannot be unilaterally reduced.​

• 10+ years exclusive use creates strong equitable right (not full adverse possession).​

• Visitor parking only for short-term guests, not permanent resident use.​

Remedy Path

1. Send legal notice via Bangalore property lawyer demanding restoration.​

2. File civil suit for injunction/declaration in Bangalore court (primary forum).​

3. Optional: Complain to Registrar if co-op society.​

Evidence

• Photos (before/after), sale deed/allotment, usage proofs, meeting minutes.

You can file appropriate proceedings before co-operative court if the same is not addressed by society 

You may please become aware that the Parking  space once allotted and in continuous exclusive use cannot be arbitrarily reduced by the association.

Even if the sale deed does not mention exact dimensions, the builder’s allotment and uninterrupted use for 10+ years creates a settled possessory right.

The RW Association cannot alter, reassign, or curtail an allotted parking without your written consent, or a lawful re-allotment process approved by General Body and uniform application to all members (not selectively targeting one flat).

Converting visitor parking into permanent resident  parking is illegal. 

Allowing residents to park permanently violates municipal building approvals, violates society bye-laws and also it may be treated as misuse of common area.

You can issue a legal  notice  to the association or the managing committee demanding  restoration of original parking area, removal of illegally parked resident vehicles, cease misuse of visitor parking and also compensation for harassment.

If you don't find any relief even after that then you can approach cooperative court for relief and remedy.

association cannot take or reduce your parking without your consent or a valid general body resolution. Long use of more than ten years gives you a strong right to continue using it even if exact size is not written in the sale deed. Visitor parking cannot be used as permanent parking for residents. This is illegal and against apartment rules.First give a written complaint to the association. If there is no response you can approach the Registrar or file a civil case for injunction and restoration of parking. Police help is limited unless force is used....

Collect builder allotment proof witness statements and current photos of misuse. a Lawyer in Karnataka is the right choice...

You are addressing this question in general, if you want to consult any advocate of this website, you may contact them through the options available in this website and get clarified on all such further issues. 

Number of lawyers on this website from Bangalore having good ratings .contact any of them 

No sir. I am from mumbai

Prioritize those handling RERA/Karnataka Apartment Act cases locally.​

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