Builder and Members Rights on Parking Spaces

Comments Off
Do builders have the right to sell open parking space?

They cannot sell open parking space. The law is very clear on the issue. Under the Maharashtra Ownership Flats (Regulation of Promotion, Construction, Sale Management and Transfer) Act 1963, [MOFA], they cannot sell open parking space under the sky.

How are open parking spaces sold? No builder executes an agreement with a flat buyer for sale of open parking space, as he knows it is illegal. What the builder normally does is he gives an allotment letter and takes money against this. In fact the problem can be tackled if builders are compelled to follow the model flat purchase agreement where clause 2 of the model agreement makes it clear that the price paid by the flat purchaser includes not only the price of the flat but also areas and facilities like staircase, passage, open parking space etc. Hence when the buyer has paid for the built up area, and is again paying for the parking space, he is in fact making a double payment. Can the society frame parking rules?

Yes, a co-operative housing society can frame parking rules. The member submitting the application for parking slot should be told that he has to specify the vehicle number, which shall be parked. After receipt of the above said paper/ documents the society should allot parking space. The society may even allot a sticker and instruct the security staff that vehicles that do not carry the parking sticker should not be allowed to enter the societys premises. Under what circumstances do conflicts arise between the society and the flat owner regarding parking?

Once the society is formed, all open spaces belong to all the members, and the society has the right to frame the rules. The society has the right to allot parking space to the members by charging a parking fee. In case a member has bought an open parking space and the same is allotted by the society to another member, there is bound to be a dispute between the member who has bought the space and the society.

What do the byelaw of a co-operative housing society state as far as parking goes? According to the byelaws every member who owns a vehicle has the right to have a parking space in the premises of the society allotted by the society. As far as stilt parking is concerned, the model byelaws state that a member may hold stilt parking space if he has purchased it. Byelaw number 81 stipulates that a member having a motor vehicle will only be eligible to have one stilt parking space. No member shall normally be eligible for more than one stilt or parking space. If

any stilts or parking spaces remain unallotted for want of application for allotment, a second or third stilt or parking space may be allotted to the same member. Such allotments shall be made on a year-to-year basis, provided the space is not required by another member who is not allotted even a single parking space. The provisions of byelaw number 82 provide that if there are more vehicles than parking spaces available, the managing committee shall allot such parking spaces/ stilts by lot on a yearly basis. What are the remedies available if the members who have more than one parking space refuse to surrender them?

Many societies allot stickers and only those vehicles that have stickers are allowed to enter the societys premises. Another alternative would be to levy exorbitant amounts for second and third parking. In the overall interest of the members, the society may not allow a member to park more than one car; the society is well within its rights to pass such a resolution. If the member does not comply with the decisions taken by the society then the society has every right to restrain him from parking in societys premises. The society is also entitled to penalise members who do not comply with the provisions of the byelaws.