• Can builder allocate Stilt and Open parking

Dear Sir,
           I reside in Navi Mumbai. The builder has provided a list of members having open and stilt parking. The same is mentioned in the agreement between builder with respective purchasers.My question is 
1. can a builder allot stilt and open parking as these are common areas. 
2. And if it s mentioned in the agreement can it be challegned by members who have open parking. 
3. Do the housing society have rights to allot the parking.
As it is common area, ever single member have equal right and we plan to keep the stilt and open parking in rotation. Kindly guide us.
Asked 2 months ago in Property Law from Navi Mumbai, Maharashtra
Religion: Hindu
1. Yes builder can do this for effective distribution of parking space.
2.Yes they can.
3.Yes, it can also do if the bye laws so provides.
Devajyoti Barman
Advocate, Kolkata
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54 Consultations
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Builder cannot sell stilt and open car parking slots but can allot car parking slots 

2) society is st Liberty to change the allotment of parking slots 

3) as per provision in bye laws society can allot slots by drawing of lots 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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Raise the issue in AGM 


2) if society refuses you can move cooperative court for reliefs 

Ajay Sethi
Advocate, Mumbai
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A. As you said, stilt and open parking area would be considered as Common area. Therefore, the builder has no right to impose car parking charges as confirmed by the Supreme Court. However, most of the builder will allocate the car parking area for the benefit of the flat buyer but it must be fair and legitimate allocation to avoid complications from the flat buyers. In case the builder had not allocated stilt and open parking fairly, it could be challenged before the Court.

B. Secondly, if there was no allocation of Stilt and open parking, the flat buyers will have confusion towards the same and there is chances of conflict between flat buyers at the time of parking. Hence, many builder will allocate this area and the same point would be mentioned in the Sale Deed as like flat covered car parking. It might be confirmed or might not be confirmed by specifying area as well number. Some times, the builder allocate the same area by issuing certificate with their letter head.

C. Per Contra, many flat buyers or members will approach the Apartment Association to allocate the area where there is no clarity with respect to the same. Later, the Association will allocate the same area by issuing letter. For your information, allocation of this stilt or open parking just like mutual understanding between all the flat buyers. There is no clear rule in the law. But since it is common area that everybody having exclusive right over this.
B.T. Ravi
Advocate, Bangalore
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30 Consultations
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1. He may allot it, but he cannot sell.
2. Allotment by the builder cannot be challenged unless it is arbitrary, but this does not prevent the society from making a fresh allotment.
3. The allotment can be made by the society through draw if empowered by the bye laws.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.
 If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, Every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not. The Society can recover different rates for different types of vehicles.”
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Where can we challenge the above allocation. In registrar office or co-operative housing court.

You can move a representation before the registrar and on finding no response or proper action, you may move the cooperative court or even the consumer court for getting your grievances redressed. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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