I live in a residential apartment in Bangalore. I have purchased an apartment with 3 car parkings. One car parking was purchased a few months after possession. But unfortunately I could not get it registered with the builder. So the parking still belongs to the builder (registered in builder's name). It has been good 10 years since builder has handed over the apartment to association. Now the association is forcing me to get the parking registered with the builder. If I have to register it, the builder will ask exorbitant amount and also as I understand it will waste 2 days of my time to go & register the parking. So I am not able to do that yet. The association gave me an ultimatum saying that if I do not register the closed car park with the builder by weekend, they will put a wheel-lock on my car parked in the car park. I would like to know if association has any right to wheel-lock my car when the car parking is registered in builder's name? I have also offered money to association if they can register an agreement with me for the car park. But legally they can't do it because the parking still belongs to the builder. I would like to know, can association wheel-lock my car even if they don't own the parking. If what they are doing is illegal, what are the actions I can take?
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See the association cannot lock your car as the parking is name of builder and he has allotted you same the society has no power as same space is not transferred to society.
In case they do so the complaint against society can be filed for malpractice and you can claim compensation from them before the consumer court.
Association cannot wheel lock your car if parking still belongs to builder
2) file application before cooperative court and seek order restraining association from wheel locking your car
They can't wheel lock in such manner. If done you can file an FIR against the association. They need to approach court to take any coercive action against any tenant
Dear
If you go as per legal way the car parking belongs to association of society after its formation builder losses rights over common areas like car parking terrace etc.
And car parking register through builder become null and void after formation of association.
But they also cannot lock your car in the parking through wheel lock. And society can take registration fees from you and register the car parking on your name.
If association is performed than land and building comes under association under and builder loose the rights. So you can contact builder and get settled this issue by your old agreement and for time being ask builder to send a letter to association to retain car parking for your vehicle.
you must file an written application complaint before co-operative registrar and with your local police stating your all facts supported with documents before that you should also issue alegal notice Through an advocate and still if it doesnt work then you can intiate the legal proceedings against the same.
They can not lock your vehicle. Complain to police. Claim compensation.
1. "IF" you have an "parking allotment letter" from the Builder, THEN you are legally entitled to park your vehicle in the given parking slot. IT is absolutely illegal to put "wheel-lock /clamp" on a private vehicle parked in a private layout plan. It amounts to "restraining, intimidation, breach of trust .... "
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like restraining, intimidation, breach of trust etc.... against the person, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Many answers here say that once association is formed, all the car parkings come under association. But then association should be able to sell the car parking to me. When I asked, the association told me that the parking still belongs to builder and they can not "sell" it to me. I am confused about what exactly is the case.
builder must be having some unsold flats and car parking slots .
hence association has expressed its inability to sell the same to you
See in case builder has not transferred the common area to association still legally builder is in ownership of the area.
The car parking is a part of the society's common area which cannot be sold.
Builder can sell the parking but only closed. Builder can't sell open parking. Society is not owner of parking it only governs rules of parking as per bye laws. They can't illegally act. They can only take parking charges to regulate the same
1. Under the Regional Town Planning Act, Parking spaces are free of FSI and classified as "common open spaces", which CANNOT be Sold /Purchased in any manner, by whosoever and is a prosecutable offence.
2. The Builder /Association can ALLOT parking spaces only for USAGE purposes without any permanent rights of such parking spaces.
As per the general practice in the market, the developer, by the agreement of sale, sells only the ‘flat’ and the purchaser has rights in respect of only the flat and no other portion of the building. This is exactly what had been agreed to between the developer Nahalchand Laloochand Private Limited and the flat purchasers of Panchali Co-operative Housing Society Ltd.Each flat purchaser had executed a declaration to the effect that stilt parking spaces/open parking spaces shown in the plan exclusively belong to the promoter and that the Society has no objection to the sale of such spaces by it. However, this was later argued by the Society as being contrary to law and hence, not binding. When the dispute arose, the developer approached the Bombay Civil Court seeking “permanent injunction restraining the Society from encroaching upon, trespassing and/or in any manner disturbing, obstructing or interfering with its possession in respect of 25 parking spaces in the stilt portion of the building”.
Common areas as per law includes basements, gardens, cellars, parking areas, main walls, terraces, halls, stairways, corridors, entrances, exits and lobbies, and the entire space of land used during construction under the definition of common areas in an apartment complex.
Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for unsold and available parking spaces. However, in case of Parking Space/ stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space/ stilt to anybody.
In the present times, almost every apartment has an open or a covered car park. Certain apartments may have more than one. Hence, in matters where some of the apartments were not allotted car park or where an extra car park is allotted to the owners of certain apartments only, such car park has to be treated as part of "limited common areas and facilities". Limited common areas and facilities means such of those common areas and facilities designated for the use of certain specified apartments only.
The court observed that the common areas of the society were meant for use by all members of the society and could not be appropriated, even temporarily, by any person for the purpose of parking their additional vehicles. The court also observed that circulation space including pathways in the society had to be kept free and vacant at all times for security reasons and to ensure access to emergency vehicles including fire tenders, ambulances and police vehicles. Therefore, the court held that the petitioner had no right to park any vehicle in the common areas.
Based on the above observations, the court dismissed the petition and directed the petitioner to pay costs. This judgment passed by the Delhi High Court clarifies that members in a society cannot park their cars at unauthorised places or common areas. The members can park their cars only at the parking place designated by the society.
From the above it can be seen that the society by a resolution in the meeting can take such actions.
The builder should handover all the common areas to the society once the society is formed.
The society can take legal action against the builder for not handing over the common areas.
What legal document can I verify to check whether association has the right to grab the closed parking which I am using for last 12 years? What document proves that common area is transferred to association? What document can I verify to check if association is registered? Can a unregistered association grab the parking given to me by builder?
Any resolution passed in managing committee or AGM that your car parking be taken over by society
2) deed of conveyance executed by builder transfers land to association
3) if it is registered ask association to furnish registration certificate
The parking area is common are and under the control of the association.
Whether the association is registered or not, it can be termed as an association and hence the members are bound by the bylaws of the association.
The bylaws and all ther relevant information about the association can be found in the office of the association which is to be kept open for inspection by the members of the association.
You can find the relevant information from there.
See ask for registration certificate of the association also you can verify if there is conveyance deed in favor of association from builder for common area.
Parking spaces allotted by the builder cannot be dissolved by the society. Yes, once a society is formed, it can make the rules accordingly and can re-allot the parking space to the flat owners as per rule.
You just complaint to dy registrar or municipal Corporation. If they don't take action. You are free to file complaint before consumer court
1. You should make RTI application in concerned department for getting information about registration of association.
2. Unregistered association cannot take back your parking area.
3. Association cannot takeover the parking you are using from 12 years.