Hello
If the association is letting the area to use for a fixed period, it is right in its action.
when it comes to the allotment/sale to an outsider other than the member , the association has no right, the same is the case of the builder or promoter.
Even if the builder has not specified the area as common area , it i virtually become a common area by nature . If the association has taken votes and followed the procedure, it has to also keep in mind that holding the space temporarily for use does not give the right absolutely.
When it comes to the sale of common space ,The supreme court has cleared it in "Nahalchand Laloochand Pvt Ltd, "The apex court passed the judgment while dismissing the appeal of the promoter, Nahalchand Laloochand Pvt Ltd, challenging the Bombay High Court ruling that under the MOFA (Maharashtra Ownership Flats Act), a builder cannot sell “Open-to-sky” areas or “stilted” (covered) portions of their flat complexes, usable as parking spaces, cannot be sold separately by flat builders/promoters/developers as “garage”. These spaces are part of the “common areas” in flat complexes and not “salable independently as a flat or along with a flat”, the court said in a judgment.parking slots in the stilt area as independent flats or a garage.According to the ruling, "If a promoter does not fully disclose the common areas and facilities, he does so at his own peril. Stilt parking spaces will not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the agreement with the flat purchaser. The promoter has no right to sell any portion of the building which is not a flat."
Though the nature of your issue is different the law is the same as it gives the right to the association to make use of the area for its financial advantage and the members in majority has agreed to it.
The association should go ahead with its decision to allot as it has obtained the majority provided all members are members
