Query related to parking allotment in society
I own a apartment in Pimpri Chincwad Municipal Corporation.
Building Construction started in 2007, possesion in late 2009, completion certificate in early 2010.
During the purchase of apartment, I avoided purchase of parking space, as there were reports that it is illegal on part of builder to sell parking, not forming part of FSI.
Now, I feel need of a parking (which was not required till now, as I didn't own a vehicle till date).
Around 6 Months back, I approached the management committee of society regarding the same, but have not got any response. (answered as committee members are busy and shall respond as and when possible)
Currently there are enough vacate spaces available in society, where some owners are parking there second cars or two wheeler. These areas are different than already marked play areas, garden, approach to society ....
Of late I felt, that committee is creating hindrances for those, who have need for parking (marking areas as NO Parking even though, cars were being parked for last few years over there), in order to extract unreasonable amount by doing auction for parking.
I plan to send a formal letter to committee and follow it up legally as well, but prior to it, I want to understand the laws related to same.
Are the Bye Laws same across Maharashtra or shall differ for each municipality?
Request to consider the following with location as Pimpri.
Referring to information available on internet, I understand following (https://www.kaanoon.com/41811/parking-policy)-
1. Sell of parking by builder is illegal.(thus logic that "others paid to builder" does not hold good.)
2. Once society is formed, Managing committee may and can reallocate parking. (which is not done in this case)
3. Sell of parking area by managing committee is also illegal.
4. All owners are entitled to have at least 1 parking space, if space is available.
5. As I am asking for first parking, I should get preference over others, who are asking for second parking.
6. I can have a parking allocated (marked space with my flat number) from society, for which I need not to pay them any amount, since space is available.
7. Auctioning even if legal or allowed, if done should be done for second parking, once all owners have at least one parking allocated.
Request to confirm above points and share your opinion.