BARKING FOR PARKING:
J.B.PATEL – JEBY
MAHARASHTRA CHS & RTI UNION
24.05.2013
- FAQ ON PARKING:
1) QUESTION: CAN A MEMBER HOLD PARKING SPACE / STILT IF HE HAS PURCHASED THE SAME?
ANSWER: Builder has to provide a mandatory parking space to a certain number of flats dependant on the size of every flat as per the provisions of the Development Control Regulations. Parking space is not counted in F.S.I calculation and is the property of the society. Hence, by the same reason and also as IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 2182 OF 2007, Nahalchand Laloochand Pvt. Ltd .Appellant Vs. Panchali Co-Operative Housing Society Limited., versus Panchali Co-Operative Housing Society Limited, the Builder is NOT entitled to sell you Parking Space outside the FSI consumed which was further confirmed IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2544 OF 2010, Nahalchand Laloochand Pvt. Ltd. Apellant Vs. Panchali Co-operative Housing Society Ltd.
2) QUESTION: WHETHER THE ALLOTMENT OF PARKING SPACES / STILTS SHALL BE MADE BY THE COMMITTEE ON THE BASIS OF ‘ FIRST COME FIRST SERVEDOR UNSOLD AND AVAILABLE PARKING SPACE?
ANSWER: Builder has no right to sell any car patking space. The reason is when a flat purchaser is purchasing a flat, he is paying certain amount for the common areas and amenities appurtenant to the primises.
The common parking area / stilts is the property of the said society as per the said High Court order and also as per the various provisions of DCR & MOFA Act. But, be advised that this common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society and the society can allot it on ‘First Come First Serve” basis or in any other manner in accordance to decisions of all the members, within the frame work of the Model Bye-Laws & MCS Act, 1960.
3) QUESTION: WHO OWNS THE CHS PARKING SPACE?
ANSWER:
a) The CHS “Solely” owns the common spaces (Stilt, Open or whatever)
b) The members DO NOT own the common spaces (Stilt, Open or whatever)
c) Allotment of Parking space is a “Administrative function” and the MC as well as General Body are empowered to allot the parking space to its own Registered members
d) Registered members include family members and associate members
e) Tenant’s are Nominal Members and have no rights of a regular member, which includes having no rights of parking of parking in the CHS premises. However, at the discretion of the MC, parking can be an extended as humanitarian facility to the nominal members.
f) Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable, as upheld by the Supreme Court in the case of Nahalchand vs. Panchali CHS.
g) The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the
various BMC & Fire act rules and has got no force of law, in Court of Law.
4) QUESTION: CAN THE MC REFUSE TO ALLOT PARKING SPACES TO ITS MEMBERS ?
ANSWER:
a) Parking space limitation (numbers) is decided by the Lay-Out-Plan (LOP) as sanctioned by the civic body (like BMC)
b) and under the Development Control rules (DC rules)
c) and under the Fire Act rules
d) The MC is bound not to violate the LOP & DC Rules & Fire Act rules, regarding the way common spaces are to be maintained.
5) QUESTION: WHAT IS THE TYPICAL PARKING CHARGES LEVIED BY CHS?
ANSWER:
a) Parking charges may be determined amongst the GB members, directing the MC to implement the GB directions.
b) Parking “charges”are not equivalent to Parking “penalty” for violations of Parking spaces & usages.
c) Parking charges may be from 10/- to 10,000/- or anything per vehicle, per month, BUT as decided by the GB, BUT this is again applicable “ONLY” to Registered members including his family members and associate members.
d) Nominal member is not a registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is allotted to registered members including his family members and associate members, since Parking space is not a right granted to the registered members.
6) QUESTION: WHO IS RESPONSIBLE FOR MAINTANANCE OF PARKING SPACES?
ANSWER:
a) The MC is responsible for the upkeep & safety of the Parking spaces and for the safety of the members Parked vehicles rwsonable precautions may be taken by MC.
c) The member who parks his vehicle with the permission of the MC and pays Parking charges, can file Civil Cases, Criminal Cases and Consumer Court cases, against the CHS, for any “Negligence & Deficiency” in parking facility, vehicle damages etc….
d) The MC is liable to provide Common area lights, Security services to the CHS common areas, Sweeper charges to the parking area, path-way repair & maintenance etc…
7) QUESTION: CAN PARKING DEPOSIT BE COLLECTED?
ANSWER:
a) Parking space is a Common area and Deposit for Parking space cannot be collected, even if passed by the GB.
b) MCS RULE 39 restricts rights of society to raise funds.
c) Deposit means refundable, interest free, or whatever.
8) QUESTION: HOW TO ALLOT PARKING SPACES?
ANSWER:
a) Depending on the number of lawful Parking spaces (under BMC rules) and number of member vehicles, Parking space may be tentatively allotted on yearly Rotation usage system, which depends on cyclic First Apply First Allotment system.
b) More than one parking space may not be allotted to a member IF other members
parking requirements are not fulfilled.
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9) QUESTION: WHAT ABOUT PENALTY ON PARKING OFFENSES? (Open, Stilt or whatever):
ANSWER:
a) Penalty in a CHS is a “Fine” for violations of the CHS rules & conditions and Resolutions passed in the GB directing the MC to implement the GB directions applicable to them.
b) Penalty amount may be fixed and decided by the GB and but levied to a member only after after giving opportunity to the member.
c) However, by virtue of elections and the MCS Bye-Law no 136 of the old Bye-Laws and MCS Bye-Law no 138 of the new Model Bye Laws read as under “The members of the Committee shall be jointly and severally liable for making good any loss which the society may suffer on account of their negligence or omission to perform any of the duties and functions cast on them under the Act, Rules and Bye-laws of the Society.”
d) In case of dispute of Penalty amount levied by the MC, the member may approach the local Ward Deputy Registrar / Assistant Registrar of Co-operative Housing Societies, for redressal of his grievances.
As per New Model Bye Laws (as amended in 2009) Bye Law No.166: The general body meeting, after considering the say of the member and after giving him hearing, may levy penalty at the rate fixed by the meeting of the general body of the society but not more than Rs.1000.
MOFA, is very clear on a part of parking space, stilt and open to sky. Builders do not have any right to sell these spaces, as per lot of judgments. In spite of Supreme Court judgment, some of the builders are known to sell such spaces for lakhs of rupee. If anybody wants to fight, our litigation system is so lengthy, and expansive. As per D.C. Rule builders have to keep 10% (increased to 25% in some areas) parking space in every building project, reserved for the visitors.
1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST APPEAL NO. 2182 OF 2007 Nahalchand Laloochand Pvt. Ltd .Appellant Vs. Panchali Co-Operative Housing Society Limited. ..Respondent
2) IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2544 OF 2010 Nahalchand Laloochand Pvt. Ltd. Apellant Vs. Panchali Co-operative Housing Society Ltd. Respondent
Note: The said High Court Order of Nahalchand Laloochand Pvt. Ltd versus Panchali Co-Operative Housing Society Limited was challenged in the Supreme Court of India and the Hon’ble Supreme Court also upheld the Judgment of the Bombay High Court i.e. “Builder cannot sell parking slots in the stilt area as independent flats or garage”
IF THE BUILDER HAS ALREADY SOLD PARKING SPACE:
Under Section 78 of MOF Act, The allotment of parking space/ stilts shall be made by the Managing Committee on the basis of ‘first come first served’ for unsold and available parking spaces. In a judgment by the Maharashtra State Consumer Disputes Redressal Commission authenticated the Cooperative Housing Societies that they can redistribute parking spaces sold and allotted by the Developer after adopting a suitable bye-law. The Commission ruled that the allotment of parking space is a matter that has be decided by the Housing Society. The Commission’s verdict was delivered on February 21, 2012 while deciding a complaint filed by Thane-based elderly couple. The complainants who had purchased a flat in one of the Housing Societies in Thane, had approached the Commission in May last year after they were physically restrained by employees of the Developer from parking their vehicle in a stilt parking space sold to another flat purchaser in the same Society. The complainants alleged that they were thereafter compelled to park their vehicle outside the Society compound.
The Commission ruled that Managing Committee of the Cooperative Housing Society can now decide fresh parking arrangements by cancelling the allotment of parking spaces made by their Builder by adopting a suitable bye-law. The complainants sought compensation from the Developer for selling parking spaces in breach of provisions of the Maharashtra Ownership of Flats Act, 1963. The Developer contended that he had never agreed to sell or allot any parking space to the complainants. The Commission discarded the Developer’s contention, reiterating the settled legal position that the Developer cannot sell or allot any parking space, which forms part of the common amenities of the Housing Society.
Consumer Resources 
Dear Sir,
Does the govt. of Maharashtra has allowed the builders to sell the stilt parking as per the new D.C. rules. Because the common man is not aware about the new D.C. rules.
KINDLY LET US KNOW CIDCO HAS ALLOTED PLOT TO SOCIETY & SOCIETY CONSTRUCTED BLDG & SOLD FEW PARKING SPACES BEFORE JUDGEMENT OF HIGH COURT & SUPREME COURT . LATER ON SOCIETY SOLD FEW OPEN & STILT PARKING SPACE AS PER DECISION OF AGM & THE FUNDS WERE USED FOR MAJOR REPAIRS CARRIED OUT BY SOCIETY . LATER ON AS PER AGM DECISION SOCIETY TOOK DEPOSIT FOR ALLOTMENT OF PARKING SPACE WHICH IS KEPT IN FIXED DEPOSIT OF SOCIETY .
KINDLY CLARIFY FOLLOWING QUERIES .
1) WHETHER PARKING SOLD BY SOCIETY BEFORE HIGH COURT & SUPREME COURT
JUDGEMENT IS LEGAL .
2) WHETHER HIGH COURT & SUPREME COURT DECISION IS APPLICABLE TO SOCIETY AS SOCIETY HAS CONSTRUCTED BLDG & ALSO SOLD PARKING SPACE TO THERE MEMBERS ONLY AS PER AGM DECISIONS .
3) SOCIETY HAS TAKEN DEPOSIT FROM MEMBERS FOR ALLOTMENT OF PARKING SPACE AS PER AGM DECISIONS WHICH IS KEPT IN FDRS OF SOCIETY .
4) ALL PAST DECISIONS TAKEN BY PREVIOUS COMMITTEE WAS PASSED IN AGM & RATIFIED ALL PARKING DECISIONS SO ANY LIABILITY ON PAST COMMITTEE FOR ABOVE ACTS , PLEASE GUIDE .
PAWAN SUREKA
9322284514
I would be much obligated if you could forward the replies you receive to me as our society too hash accepted money and allotted parking spaces
Honorable Supreme court Ruled Out on 29/08/2010 That Developer cannot sell open spaces and stilt car peaking areas in the building which they have promoted. kindly let me know whether this is applicable to the state of Maharashtra or whole of India Including West Bengal? Also let me know that apart from the flat owners can the open car parking spaces be sold to outsider who do not own any flat in the same building.And also without any NOC from flat owners.
what i want to know is whether the society can sell the parking spaces within the society premises to the members & is it legal on their part to collect the amount for the parking slot?
in our society the society has purchased the parking lots & when any members wants to park they have to pay parking charges per hour, is this legally right?
Dear mazhar,
Please let me know the reply if you have received it. I too had a similar query.
Would appreciate your reply. Thanks.
Shariq
@moghul.interior@gmail.com
This cant be done the society cant purchase the parking space nor sell the parking space they can only allot parking space on first come first serve basis and on annual rotation and charge parking charges but not hourly. I have been doing some research on this topic myself and have come to this conclusion. as per MCS rule 39 they cant. you can take them to consumer court for this and also file a complaint with your sub registar office governing society rules.
My question is this: If the parking slot allotted to a member is big enough to park more than one car, within the markings of the slot, can the Society prohibit that and/or charge for the second car. This is like saying, only x numbers of people can live in a flat allotted, any number above x will either have to buy another flat or pay a fine/penalty for every extra person. M.R.Sharma
The Builder is not allotting parking… says has deficit parking… but allots parking to flats purchased later to someone else…. what is the recourse….
also as per new DCR, one parking per flat is compulsory.. my flat size is 850sq.ft. .. so he actually has 1 parking per flat.. but either he is allotting additional parking to someone else or is lying… what is the recourse… I am ready to pay a price for the same.
I AM FROM NAGPUR…SAME CASE WITM ME…BUILDER REFUSED TO ALLOT A CAR PARKING TO ME…IS THEIR ANY LEGAL PROVISION FOR ACTION AGAINST BUILDER….KINDLY SUGGEST—MY MAIL ID bhushan_patil12@yahoo.com
Hello Sam,
As you mentioned above, one parking per flat is compulsory. Is it applicable for 500 Sqft flats also?? Our society will be undergoing redevelopment soon.Pls suggest
can one park a commercial vehicle(cargo) car in an allotted parking space.of a co-operative society.
Dear Pradeep Makkar,
Please let me know the reply if you have received it. I too had a similar query.
Would appreciate your reply. Thanks. Joseph
Dear Sir
Whether as per the Supreme court order, 2nd purchaser of a flat can be entitled for parking lot sold by the I st buyer.
In this case the ii nd buyer agreement did mention about the sale of parking lot but the area of flat sold is 704 sq.ft but with the stilt parking it will be 870 sg.ft.
I am the secretary of a Subham CHSL at Kandivili west and I need this clarification as there are more than 5 members who are ii nd purchasers claiming stilt parking said to have been sold by the I buyer.
With regard
V Srinivasan
Sir’s
Can a first owner of CHS Ltd, purchased flat in 2003, under D.C.Rules then of 2002-03. having a stamp paper agreement with builder for consideration of amount paid for slit car parking, sell the same along with his flat to 2nd purchaser, also mentioning in 2nd Sale Deed agreement, moreover the First owner was also paying municipal taxes per month charged by Society for the slit slot sold for consideration and allotted to him by the builder , Does the same hold for good legally by 2nd Flat purchaser and can continue the same rights of parking as done by 1st Owner. legal advice is needed in the matter.
Thanks..
Zubin.Mistry.
Mr. Srinivasan, Mr. Mistry,
Could you please share your responses to me at ghateakshay@yahoo.com? I am facing the same problem after I have purchased a Flat on resale.
Thanks,
Akshay Ghate
Dear Sir
I am the Secretary of Subham CHS Limited in Kandivili west and I need following clarification.
Whether the IInd purchaser of a flat has the right for stilt parking sold to him by the I st buyer?
The sale agreement of the II nd buyer did mention about stilt parking in the schedule of properties but the did not mention about the area of stilt parking and has given only the area of the flat/
Please clarify
Hi,
I have purchased a flat in a resedential complex in Thane, builder is asking for 1.5 Lakh for (open parking) and 2.5 L for podium parking space (all in cash), he will issue parking allotment letter after making payment.The society is not yet formed as the construction of some of the buildings is still remaining.
Now builder is not allowing flat owners to bring in their vehicles (those who have not paid builder for parking allotment letter)
How do I proceed ?
Can a society reserve its open car park spaces only for owners and not let owner’s tenant park cars in that slot ? Apparently the resolution was passed to this effect in the AGM of the society?
Hi Anil,
Did you have answer to your tenant vehicle parking problem? Please let me know.
A tenant is called a Nominal member. A Nominal member is not a registered member. Hence parking charges do not apply to him. Hence Parking space can be denied to Nominal members, even if parking space is allotted to registered members including his family members and associate members,
since Parking space is not a right granted to the registered members
Dear Latesh
In a recent meeting at my society. A new rule was passed that all tenants will be paying parking charge of Rs 100 per month. However there is no charge for the owners.
Is this a valid charge. Can the MC has the authority to incorporate a charge like this only on the tenants and most importantly is that valid only on the tenants and not on the owners.
Kindly help and show some light on this.
Regards
Hemant V
Parking charges are to be uniform. There cannot be any discrimination. Society may refuse parking for tenant but cannot discriminate as maintenance charges are paide as per bye laws to all.
society has sold car slit car parking to some of the members still it is against the by laws . what action should be taken /
There r 65 shops and 24 houses in our complex.The car parks were first sold by builder and the rest by the society to residential members. But we commercial owners are not given or sold a single parking. What should we do?
I have a two wheeler and park my vehicle for 8-10 hours in my parents society and go to office after parking my vehicle in their society but after coming from office, i visit them daily as they are senior citizens. I have been told by the chairman of the society not to park my vehicle outside the society gate either i.e. outside the society premises. Is it right or wrong. Please advice.
dear friend if you have the solution, please let me know since i do have the same problem ( d.s.bhat)
Hi,
I am resident of one of the society at Indirapuram, Ghaziabad, U.P.
Recently our RWA did the parking slots distribution, block & flat wise, on the basis of early registration dates of individual flats. Although they supposed to loop in volunteers from each block on this distribution however they didn’t.
The space allotted to me is the part of the passage and at the turn where it lies at high risk of being hit by the vehicles moving in and out. I have, also, doubt that some people with registration number after mine have been allotted space much before.
Please suggest what best I can do here. Shall I, at individual level, file RTI, to GDA, to retrieve all the dates wise registration info of all flats in my building and within, also, how many parking slots are declared in respective registration.
Regarding same I have already written two letters to RWA in last 3 days, however still awaiting for response.
Please guide on RTI and other appropriate steps, which I could take here.
Thanks,
Rohit
We live in 7storey building in Mira Road. We own a flat and a parking garage added to it we have been allotted a still parking by the committee. The parking space owned is not sufficient for our 4wheeler as there is a still parking allotted not too far, this causes difficulty for us to park our 4wheeler. Instead we park our 2wheeler and have agreed to allow one more resident to park their 2wheeler. Now the society is forcing us to give away our parking space to some other resident and is not allowing us to sell our parking space. Added to it they are charging us with heavy penalties. Is there any solution to it?
Can I park my cat in the society if I stay on rent other flat owners have 2 to 3 cars that is y the society is telling us to take our car out of the society please let me know what can be done as per laws
I am also facing same problem. Only difference is I am owner of flat.I am not getting tenent because society is not allowing parking to tenent and other members are having more than one car and allowed to park by society..Some space still is availabe in the premises.
in my society, some small stilts does not belong to anyone so it should be first come first serve basis, but some of the members and particularly a member of managing committee dare to remove my 2wheeler twice for which even after lodging complaint no action has been taken by the society. secondly there is no proper cycle stand and no safety and security is maintained for the bicycle and so i am parking my cycle on the floor lobby for which i have been asked to remove the cycle from the lobby. how should i deal with the matter.
Sampa Kundu, You simply cannot use floor lobby for storing anything or carrying out any personal activity – even if it is a silent one. Using floor lobby in any manner is against fire safety norms.
in my society a couple of 1 BHK flats are owned by a company and it is understood that the owner of the company has given these flats to a relative and his family. These flats are been converted into a 2 BHK flat, one family lives in it but there are two separate doors to the said flats. The builder has sold a stilt parking to this company and the same is well mentioned in the sale agreement. Can this person who stays in the company’s / relative’s flat park his car in the still parking space marked in the company’s name ? Also, this relative has a local taxi of his own which is being parked from evening 9 .00 pm to morning 9.00 am.
Please advise and let me know if this is right and permissible as per the CHS bye – laws and guidelines.
Dear Lancy,
May i request you to share your reply as I too am facing the same
problem.
My email id is jb49in@gmail.com
Thanks
Kind regards
Joseph
Need clarification: If a society member residing has purchased a commercial premise within the society will she be allowed parking overnight. The current rule followed by society for commercial is that during the day parking is allowed( Not overnight). In this case the member has already utlised her residential parking allotment. Then will be allowed as per bye laws to park a another car?
Hi,
I want to know what is the rule says about allotment of open car parking.
In our society in mumbai where i shifted 3 yrs back has taken back car parking given to earlier owner saying that it will go to society and will be given to next waiting list old member hence not allotted to me and they have taken my name is wait list b’cas it was not available at that time.
Now recently within last 1 month, 3 open parking got empty and society has allotted 2 to members who were on waiting list.
Now 1 more car parking is available but they are not allotting to me saying that it has been reserved for the member who is in wait list before my number but they do not have car.
Can any one tell me what is the rule says can society keep open parking unused and not to allot to member who already has car and can they reserve for other member for whom it is kept has no car till date.
Kindly suggest legal way to get the same or what is the bylaws say on allotment of open parking in CHS.
Thank you in advance for quick response.
Sir,
I have two cars and one of my car is parked in my friends parking with his due consent
Society is asking Rs 500/- for extra parking as per bye laws
How it can society can ask such charges ?
Our building was registered in 1969 . It was constructed by 18 members after taking a loan from a PSU where they were working. At this time there was no concept of seperate status for parking spaces and any parking was also counted with the flat. At first the building was expected to have a ground floor but later after the beams were laid it was felt by the members that they needed to raise the flats on stilts as it was a low lying area and prone to flooding in monsoons. Extra loan was taken by each member and the stilt area was constructed and each member was assigned ownership of one parking bay. After about 20 years the accumulated TDR of the 18 members was collated and new flats constructed with each member assigned car lots in the open space of the building and their contract clearly telling them that the stilt area titles were irrevocably assigned to the older 18 members and they could only be allocated space in the open space lots. One of the new members also purchased the title of a stilt parking bay. Each of the 18 members had taken loan to build the stilt area and have paid property tax on it since it was introduced and none of the new members have to pay that, Some CHS new members who have more cars than allotted parking space are now saying that the new CHS bye laws require stilt area to be common area w/o reading the rules that clearly say this is only for the UNSOLD area. Can u pls guide as to what steps we can take to protect our investment which goes back to a time before even the rules of seperate parking spaces was introduced. We are worried that the new CHS rules can easily be misquoted. What protection does a house buyer have if in the future even flats purchased today become common property ?
Mc not follow rules buylows then give notice to me u don’t park your car in society compound. U not buy car parking from builder ans watchmen not allowed my car to park in so parking lot or in open space in so mc given notice to me they Champlain to police station and rto what to do plase reply me
can a coop hsg soc member on ground floor oppose another member of same society not to keep his scooter in front of his door in society open space?
sir ,
How many 2wheeler can he park in society ,if he is the owner of only one flat / 2bhk.
can he park more then one ?
IF he is parking more then one can we take extra charges / and he is doing sale(Business) of 2wheeler form society keeping 2 to 3 bike in society parking area for sale ….. can we take any action ?
we have lay out plot and having 4 registered society and one undeveloped by builder. now there is no specification given in agreement for parking space for our society. conveyance of land is not done so far. it is understood that land between two buildings r common space after leaving 10 ft. now neighborhood society taking objection for parking our our society vehicles and claiming that is their property n we should not park on their land.. kindly guide us if conveyance is not done who and how can b decided between 4 buildings whose parking space is what and how much…
Dear Sir,
Is there an order given by the Honarable Supreme Court to allot 1 car park per flat, whether it is still or open parking?
If so where is it online? Please help
Please check this link and let me know if it helps – http://taxguru.in/corporate-law/parking-spaces-sold-builder.html
Request for advice.
I am a tenant in a housing society in Mumbai. The society recently had a lot system to allocate open parking spaces to the residents. However, my application was not considered as I am a tenant.
The number of parking spaces is more than the number of apartments. Hence some members have been alotted parking space for even 2 or 3 cars.
On asking, the only explanation I received was that it is the sole right of the members of the society to allot parking slots to its members. Since I am a tenant and not a ‘member’, my application would not be considered (even though each ‘member’ with atleast 1 car has atleast 1 parking slot).
Please advice me whether this is permissible? If not, which law / bye-law should I refer to to clarify the same with the secretary of the society.
Thanking you in advance.
Hi I have own parking in my society. I don’t have car . Other member try to use my parking . I have requested them but they are not listen. So i have put barricade on my parking . After 1 year putting barricade society secretary send me notice to remove this barricade because he is saying it is against the law. Please tell me can i keep barricade to my parking .
Dear Amit
If you do not have the car, you cannot withhold the parking place, you must surrender this to to society and next in waiting will get the parking place, once you get a new car you can re apply and you will be allotted a parking based on availability, if in case any one is parking more than one car in the society this parking also can be taken over by the society and allotted to members who do not have a parking.
Hi Rajan,
What if I have purchased the car parking from builder by paying certain amount. And it is mentioned in my Index II about my car parking location and area. Do I need to surrender my parking space in that case as well.
I am ready to give my parking on rent if someone really need. Kindly advise, What can I do to save my parking space.
Regards
Aditi
Dear Sir,
I would like to know that in my CHS there are only 25% old members having a possessions of 75% of total open parking space of the CHS .
Which means other 75% members as well as all members visitors have to use only 25% of total parking space of the CHS to park their cars.
That’s why because of this kiddies behaviour of old members ( for eg. If one kid asked to take toy of other kid , that other kid always reply no and says that, that toy is given by his or her father, uncle, etc. etc whenever that other kid don’t want to give his toy) my car has to move from one place to other parking place of CHS approximately every after 2 hrs.
So it’s my humble request to you that please guide me to teach a lesson to all the members with kiddies behaviour. Thanking you.
Sir, I have an stilt parking allotted by the builder. The stilt park can accommodate 3 cars at a time ( I park 3 cars there). Can the managing committee impose fine on me for wrong parking? is yes then should they not fine those who park more than one car in stilt parking?. To inform you there is no resolution on numbers of parks to be parked have been passed in AGM. Please help as the managing committee has imposed a fine of Rs. 30000/- on me.
Hi i am bhavesh staying in vasai residing at star residency chs ltd and is a registered society. Committee members of society have decided that two wheelers are a necessity and 4 wheelers are luxury. Hence two wheeler parking will be free and 4 wheelers have to pay Rs200 each for the society fund. However they have a resolution they say that even if u pay still its not a fixed parking for you and if your vehicle is not found there any one can park it and i cant ask them to move their vehicle from there as well as the parking is the responsiblity of the owner and society or committee will not be liable or responsible for it.
Please let me know if this forced rule right or can i file a case against the committe as per thr old or new bye laws as i feel i am harrased for no reason.
Regards,
Bhavesh Jethwa
Normally, such decisions are taken at the AGM and not at the Managing Committee level. They are right when they say that there is no fixed space to be allotted. Here again, the normal practice is that everyone adjusts to a particular spot over a period of time with mutual understanding.
Extortion from tenants:
Sir, can the RWA (Navi Mumbai) arbitrarily charge for extra car park. They are charging one amount for owners and double the amount from tenants. Also if your car gets vandalized while in parking lot of society, where can I complain. Please advice.
how to reduced the high car parking charges if purposely decided in general body meeting or
what solution on it please reply
Dear All,
Myself, Paras Malviya, owner of One flat in Pune. I do not have any parking, as my First owner didn’t have any parking allocated. Now Society has allocated me one parking space based on first come first serve basis. They asked for the rent of it. This is my first parking space, and being a flat onwer, I am required to have atleast one parking space as Necessity. Do we have any law which protect me to allow parking space without any charges as first car parking. Currently society has issued a circular saying that september 2014 onwards we have to pay 1800 per month. This has not discussed so far in any General Body Meeting.
They are not differentiating dealing first car parking space seeker to more than one car parking space requirements. Please advice.
I AM FROM PUNE… WITM ME…BUILDER REFUSED TO ALLOT A CAR PARKING TO ME…IS THEIR ANY LEGAL PROVISION FOR ACTION AGAINST BUILDER….KINDLY SUGGEST—MY MAIL ID tilekarsudam@gmail.com
I am a co-op and share holder of an apt. I was informed last month that the parking in my facility would be closed for 4 days, so I deducted a pro-rated amount that totaled $16 when payment was due on Nov. 1. At the same time, I was informed that my parking fee would go up another $10 and that my maintenance fee another $25 in less than 1 year. I pay the management company parking and maintenance together every month. I informed them that I was deducting 4 days of parking fees ($16). They said I could not do this and would be subject to late fees and losing my parking spot. Is this legal?
I have purchased a flat along with one closed garage in the society in Mumbai. There is a waiting list for the open car parking space. I own more than 2 cars. Our society has recently passed the rule in AGM that if any member who is owning a closed garage in the society, he will not be entitled to open parking space. But this rule will be applicable only to new incoming members. The old members who already have a garage and also having an open parking, will continue to have open parking also.
Otherwise the as per bye-laws of the society says that open parking spaces to be allotted on the “first come first served” basis.
My question is whether the new incoming members holding a garage can be denied the right of allotment of open car parking ? Old members continue to have both garage as well as open parking spaces. Is this discrimination legal? Whether such rule is good in law ?
Please reply.
Regards,
Sunil Gupta
We r joint Hindu family . We r parking the car in uncle society . Car is on my name. Our company is partnership firm , having 4 partner daddy and there 2 brother plus raj . Society is saying not too park the car is it right . We r parking the car past 7 years
As per the judjement passed by the Honble suprme court of India though the parking area is alloted to the members of the society for the comman use till then the concern devploler and bulder are entitled to alloet any separate area out of the parking area to any member if that demand a reserved parking area for himself by giving reasonable price for purchaseing the parking area.
i am owner of the plot and i given permission to builder to construct the building. I am owner of one flat in the society. can i entitle for get parking.
Sir.kindly let me know if a soc can sell all itsparking space against deposit to its member.n not let other owners of the flat to park vehicles who have not paid the deposit.kindly let me know what action can be taken.n which authority can we contact for the same
Sir,
Is there any govt.rule or law about pay and park facility provided by management of educational institutions in college campus? Or it is legally correct to charge fees to students for parking there vehicles in campus?
Is there any rule with regard to the SIZE of the car parking space and the layout for all parkings in a Housing Society in Mumbai
I purchased a flat in a Housing Society & parking Space has been allotted to me through Registered deed from the seller .I am not having a car can I park my two-wheeler till I purchase a car. It is allotted as car parking.
Dear sir
As per by law only persons having motor vehicle is alone eligible for stilt/parking. Even for parking two wheeler vu need permission from society
Thanks Veeyes, for all this wonderful information about bye laws.
One more query :
Our society has 35-40 flats and the parking space is inadequate.
One gentleman in our building has two flats & one shop . So he is entitled for 2 car parking’s as per my understanding as he own 2 residential units. Recently he bought 3rd car.
My Question :
Can he park his 3rd Car against his commercial property/shop. or Can people who who shops park their cars in the building parking.
I appreciate your support & guidance.
Regards
Hello Sir ,
In my hsg society they alloted me a parking area in the society premises by one MC ,when the MC changed hands the new MC is asking me to move my vehicle elsewhere . There is aroung 14 to 17 feet of space left for a other vehicle to move about even after i park my vehicle at my current parking space.
What does the Fire & BMC law say , should i be moving my vehicle elsewhere ?
We have received many letters regarding parking space. Out of these many have still not purchased the car. 1 member had bought the car and followed by other 2 members. 1 additional member bought the car after these 3 members but he had submitted the parking space letter in the year 2009. Can he still be eligible to get the parking space ahead of the other 3 members
If the society consists of only offices, and one of the flat owner in that society demarcates some space for his car parking, whereas, I’m just an employee of another office, and his parking demarcation causes restrictions to the mobility of my motor-cycle which I park just around that demarcated space. Can I take some action against him ?
I & my brother is staying in same society. My brother is having a stilt park purchased from builder & done agreement in ther year 1998. now that flat is given on rent as he has transfer to other country. He parked his car in stilt & use when even he visit to mumbai, sometime i am also using. His tenenat has got a car and wants to park in the society open parking, as there is ampale space available. Committe is saying they will not give parking because that flat is on rent and owner is having stilt. Can they stop tenant?
Hi, Request your advice to fetch a updated waiting list for car parking in society.
we have a waiting list for car parking in society. This list was developed 3 years ago based on request from individual flat members.
Society is withholding the updated waiting list i.e whats is the status of each wait lister post some parking slots got vacant.
In such case kindly can you advice how to approach the matter ?
I am staying in mumbai suburb in rental basis. our society is restricting to park Two-wheelers to the person who is staying on rent, while my flat owners have no objection in it. CAN I FORCE SOC. FOR ALLOWING ME TO PARK OR CAN I TAKE ANY LEGAL STEPS UNDER SUCH CIRCUMSTANCES.
I live in a residential apartment and want to give my garage for rent.Can it be done?
Please reply…!!!
I live in a residential apartment and have rented my garage for living. But the members of the society are opposing it. What can I do now ?
My CHS has charged me the full monthly parking charges of Rs.100/- for parking a bike just for five days.
Is this correct?
Can I deny paying the full amount?
Sir i have sold flat toa customer he has sold the parking already to some one else as he was not having car and was compulsary purchasing 4rm builder now wat to do will society give noc for flat
.has society having right to object in selling flat and not giving noc to flat owner 4 selling it
My husband is associate member according to law i paid 100 rs cq with all required document following the law of Maharashtra housing society law the new committee elected r misusing fund i ask to check account but no response i complaints to sub registrar Thane they also misguided to rrgistrar that my husband is not associate member whst should i do noe
I purchased 4 wheeler parking along with flat from builder. I have receipt of the amount paid to builder. Also Parking is included in my Index II as well. I had my car but due to some personal issues I sold the car. Now I don’t have car. But in future i can purchase a car anytime.
The society is planning to make rule to “Hand over car parking which are not used to society”. There is shortage of parking spaces in society. I am ready to give my parking on rent if anyone need.
Kindly advise how I can save my parking space.
Can CHS levy parking charges when it does not own the land, with the ownership of the land still being with the original owner of the land. In the absence of conveyance of the land to the CHS by way of a deed of conveyance, can the CHS make profit from parking charges when the entire plot of land on which the building resides and the open space surrounding it does not belong to the CHS.
Hi,
I have a question.
I have purchased a garage hence it is technically my property however the society is charging garage tax. So I would like to know if this right on their part in the sense Are they allowed to charge tax for if I own the garage? If they are charging tax are they supposed to provide maintainence to the garage like basic repairs?
Also would that be considered as my first parking slot and would it be right for the society to charge me for a second parking spot?
Looking forward to your reply
what can I do if bikes park at no parking area
actually my house at ground floor in society so every day many bikers park bikes at front of my house
I m complain the society but they not doing any thing so now what can I do
Hi Nadeem,
I face same issue did u get any solution to this problem..
Thanks
I am the allottee of MHADA FLAT IN Sion, Mumbai. I am having 3 two wheelers for which Society is levying for my first two wheeler Rs.25/- for 2nd two wheeler Rs.50/- for 3rd two wheeler Rs.100/- Are these unreasonable charges legally allowed ? Four wheeler parking charge is Rs. 100/- only which is occupying lot of space. I am paying Rs. 175/- for three two wheelers which is occupying less space than four wheeler. Please advise.
Hello
I have a tempo for my business purpose.
Can I park the tempo in the housing society premises?
Do I have to pay any additional amount becoz its a transport vehicle?
Please help me out.
dear sir,
soceity handover time builder have not given any details of parking allotment, after 2 year of society formation one of the office bearer approch soceity and inform that he have purches 2 stilt parking from builder 6 year before, he have one flat in our society. soceity is now refusing his claim and not accepting builder allotment letter of back dated which this member have. now this member is going court against soecity for claiming his parkings. In this case what should soceity do? in agm also all the members have refused his parking claim. which is recorded in mintues
dear sir,
the managing committee has recevied an appliction to issue a NOC for parking from the brother of member for T permit. the member enjoy one parking space in soc area. however the application says to issue NOC in the name of a tour & travel company instead of personal name
is it permissible to issue a such permission what are the cosequences of such NOC
No. Only person vehicles can be parked in housing socities
Can sparking lot consisting of a Jack parking be utilised to park a caravan
Dear sir,
We own a commercial shop in a co operative housing society my question is the society has allowed parking in front of the shop due to lack of parking space in the society compound additionally they have build a wall in front of the shop which originally did not exit due to the wall and car park in front of the wall is causing inconvenience for the customer entering the shop therefore I would like to understand if there is a way that we could legally sort this out please help
Dear Faisal,
I am facing same problem i.e. Parking in front of my shop.
Please let me know if you have any solutions received.
Regards.
Bhavin
I am fcing a similar problem where society managing committe is alloting parking right infront of my shop with chains and barricades to stop access to my shop.
Dear sir,
Please i want solutions of 30 feets road issue.
In my residential society every member take 4 feet space on road.
And last one member covered 30 feet.
My house is in last. And other one covered this area.
Please give solutions.
Dear Sir,
I am parking my Car in the open parking space of the society from 5 years, builder has given allotment of the parking to some of the owners by selling the open parking and took certain amount now society has decided that who have allotment only can park their car in the society rest of the owner has to take their cars out. so please advice please what can i do
The builder has to provide all the residents parking space. He cannot sell either the stilt or open parking. Society has to allot parking on firse cum first serve basis. Socity cannot also sell the parkings. You can approach co op court
can a the new managing committee revoke the parking allotted by old managing committee
dear sir i book new T permit society not give parking noc i subit to r.t.o what soultion please give
The society is correct in not giving N OC as no commercial vehicles can be allowed for pare in residential society
i am a student and study in a class which owns 3 shops in ground floor but i’m not provided any parking in the premises..
so is this right…..?????
plzz reply
thxxxx
Can parking space be alloted for commercial vehicles like 3 wheeler tempo, bus, minibus in chs ?
(dilippatwardhan@hotmail.com )
No. In residential chsl only personal name and personal use can be parked.
is parking of unregistered two wheelers is allowed in a parking space of a co-operative group housing society in Delhi? unregistered means old two wheelers , registration expired in 2000 & 2015.
can a first floor resident, an advocate, place big “GAMLAS” on ground floor?.
What is the rule for keeping licenced BIG DOG “German Shepherd”, who has disturbed peace of our home and owner feed & washes this dog on roof and throw left over food and others through rain water pipe in shaft which has entry from inside my house causing foul smell.
this dog is kept at stairs which connects roof & not inside owner home.
can we sell open space as parking to the members – as we dont have parking space in the society
we have incurred cost for concreting the floor for comfort parking ? can we demand refundable deposit from the members to cover the cost
The society cannot sell any space. The society is bound to maintain parking area. Any expenditure for maintenance can be collected from those car park residents. If there is no space, society has to allot one parking each only
Dear Consumer Resources Team,
I had great learning about bye laws on this site.
One small query.
In my building there are around 35-40 flats. Parking is inadequate. We can park about 25 cars.
There is one owner(nice gentleman) who has 2 flats and One Shop so I understand that he can park 2 cars in the society premises as he owns two residential units.
Now recently he bought a 3rd car.
My Question : Can this owner park his 3rd car against his shop/commercial property.
Need your help on this.
Regards
No. He cannot. As it is residential society and the car in the name of the owner alone can be parkrked.
Dear Sir we used to park car in our CHS since 20 years.Last year the compound was repaired and now the new MC had passed the rule that no car shall be park inside the compound because their children are small and they play in compound.Per car previously the society used to charge Rs300 per month and now that revenue is also gone,The MC took the decision without informing the member.Roadside parking is big headache daily someone breaks light,scratch the car,break side mirror.etc.Is it legal on MC to refuse members to park inside even there is sufficent space .Even we had put the proposal that whenever their children play our cars can be removed from compound since keys are with watchman and thereafter repark but they refuse.kindly advice
Dear Sir,
We have open parking space in the society (no reserved no Stilt). I park my car in that open space. However, since there is a mango tree in the adjacent society, there is always risk of unriped mangoes falling on the car and in process damage the windshield. I wish to built a roof structure using pvc roof panels to protect the car at my cost. Do i need the permission of the society or the BMC.
Thank you
Hello Sir,
Can CHS charging parking charges without taking permission from Fire Brigade and Municipal Corporation in society’s common area ?? Is it legal???
Hi, we have office on 1st floor of the building around 4500 sq foot and the building contents both commercial as well as resident. The society is not formed yet. Some of the members are saying that the commercials are not allowed to park the car in the parking lot and builder also denied to allot any parking lot. now the question is where should we park our car??
please reply if we have any point or any solution for it. what can we do futher or if any possibilty to park our car in the parking lot.
Dear sir,
i am buying t permiy vehicle but they require parking letter from co op housing society but society not given me parking letter…what can i do?
I recently bought a T permit car . I asked society for parking my vehicle in the society as there are many vacant places available but the society refused citing that it is a t permit vehicle and hence cannot be parked in the preMises.
Are there any rules or regulation regarding this.
Thank you in advance
Dear Sir,
We have query regarding Co-operative Society Parking rules and regulations.
We have shop in the Co-operative Society.
Society has given car parking permission to one of the member in the society in front of our shop. That member is parking car in front of our shop during business hours also.
We have requested society to give parking permissions to those, whose car are not parked during business hours in the front of our shop.
But still society has not taken any action.
We have problem as front of our shop is blocked by the car parking.
So we would like to ask that are there any parking rules and regulations for the co-operative society which we can show to society.
Dear sir,
Can a person who is the owner of office in residential cum commercial building buy a parking space , even when he is not having any flats in that building and he had given the offices on rent.
Can he dismantle the vehicles parked in his parking space .
Dear Sir / Madam,
I have bought a car last year & was parking my car in space which is shared by two societies. Now both the societies are approx 30 years old & all of a sudden one society has decided that car from our society cannot be parked empty space because they want to make two wheeler there.
Now , I am the only person who is having car in our society. Requesting you to guide me how I can deal with this situation.
Regards,
Advait Danait
Can management committe reserved parking for few members eg senior citizen members?
Can society cancel the open parking of an owner of a flat. The Society has recently passed a rule in the AGM to cancel the parking allotted to my flat (which is currently occupied by the tenant) stating that there were lot of problem in parking the cars in society due to space constraints. Their reasoning is as per the open area parking policy, tenant cannot be given open parking if any member needs the same. So they have decided to issue necessary letter for cancellation of the parking to my Flat.
My question is (i) whether the owner has unilateral right on open parking – can society unilaterally cancel the owner’s parking (because tenant is residing their presently) and on what grounds;
(ii) If the owner wants to sell the said flat in future, the parking slot should be made available to the owner; and the new owner should have a right to park the vehicle in the society.
Kindly let me know.
yes. The mc has aright to cancel open parking allotted to a owner who has rented his flat when there was request from a permanant owner for parking. Gb onlly makes parking allotment. When the owner comes back, he has a pririty for getting parking by asking anothrr tenant parking to vacate
Hello Sir,
I have a query. In our society there is only one car parking, till now we used to park our car on first come first serve basis, however in recent society meeting chairman told me that he is going to give common car parking space on lease to one of the flat owner. I would like to know is this legal? Because there is already car parking space crunch.
Request your inputs on this situation.
Thanks,
Shrikant B.
I have an query. If one member has one flat and other flat in his wife name, both flats are adjoining, with broken common wall. Parking in our society is on rotation basis. Can he be allotted again parking space. Last year he was allotted stilt parking. Can his name be again considered for balance available parking space
1 )Can a taxi belonging to a flat owner be allowed to park in the society premise.
2) can a taxi belonging to a tenant park in the society premises.
I stay with my elder brother in our house which is owned by my brother. He is a member of our said co-operative housing society. I have my name mentioned on the ration card for the above address as a family member.
My problem is that I have a car which is registered under my name but the address of registration is the one where we used to stay previously. Now, the society is not allowing my brother to par my car in the society premises as the addresses are different.So my question is even if the car is under my name and I stay at the above address since the last 5 years, is there a law that the car needs to be registered at the new address?. Because the old house still belongs to US and my passport bears the same address.
Hi
I live in a registered society with around 300 flats..I have a stilt parking and own a car parked in it. Children of our society keep playing around, they also play out door games like cricket football etc.. despite been intructed not to do so..The other day one kid happened to kick a ball straight into my rear glass shattering the whole glass pane.
Eight children were playing football.
The society says they are not responsible for such thing and they person who caused the damage and the person suffering the loss should solve such things amicably,
The kids parent are not willing to pay, they say that all who were playing needs to shell out and bear the cost. The other parents say we will not shell out cause it wasnt our kid who kicked the ball and causing the glass to break.
Can some one advise what has to be done. ?
Dear sir,
You are eligible for compensation from society. It is the duty of the society to strictly implement the order of banning playing any kind og games inside the society. Further as they are collectiong maintenace, it is the responsibility of the society to maintain order and safeguard the proerties. Hence you can make a claim by sending a letter under copy to Dy. Restrar of hs of your area
I have a commercial premises in kandivali soc. is registered no I have let this place on L.L. agreement
society is objecting to do hukka parlour business
when police and bmc has granted permission to do business
please advise me what to do
Hi I am rohan VYAVAHARE I stay in Koregoan park Pune my owner don’t have a parking in society but other people have empty parking space I spoke to d society chairmen tht m ready to pay for parking but society said if u r owner don’t have parking we r not able to authorize u to park u r car in society plz tell me d solution for this
Thanks a lot. It was really helpful information.
I bought a flat & mentioned with Open Parking in agreement. There are total 6 wings. Each wing have around 50-60 residents.
Almost majority of the wings are vacant. Possession are not yet happen.
Now I got parking allotment which is almost 3-4 mins walking from my building. It is far away from my building whereas in my building there are lots of parking available. I can’t even see my vehicle from my building.
I would like to understand what is the rule of Open parking allotment? How far it can be alloted?
Why it is not on first come first basis allotment?
Please guide me.
It is only on the basis of first come first served basis. The parking has to be at the convevience of the resident when lot of parking available
Dear Sir/madam,
I am running a Car Rental business and own all T-permit Cars, Now Society is not allowing T-permit vehicle parking inside the campus though I am asking parking for only Single vehicle ( T-Permit) which is also denied by Society members. Please suggest me a right step in this situation.
The society is right as parking of commercial vehicles in housing societies
No sir , society cannot deny parking for t.permit vehicles if there is space available
As per bye laws, parking in residential societies are only for residents personal cars. No commercial vehicle is permitted. Even if there is space unless a policy decition by GB to Llow has to be obtained
It is nowhere written in bye law …this matter was also referred to registrar office and they also agreed to give parking to t permit cars ….
Not to trucks.or big tempos …
Regards
Thank you for your valuable reply.
Yes Sir I do agree the the society is right & iam not trying to prove society wrong, instead I am asking for some exceptions for members like me or use of open space or paid parking. Some or the other way.
Please site from which rule the society is not allowing the t permit car to park ….according to me they cannot do so if a space is available ..
Dear
Only gb can give guideline to MC for parking rules. If your society has such guideline
, you can ask for parking. But overall commercial vehicles are not permitted in residential societies.
Yes sir agree with you but Commercial vehicle has category like Passenger & Good carrier ………….and mine is a Passenger Vehicle which is either a Sedan or SUV
if i already own a car parking space into my society, can i still park the T-Permit Wagon R into my premise. Do i still need to update it to the Cooperative society.What if they are non cooperative.Can filing an FIR help me?
I mean if the society is non cooperative. Can i file an FIR will it help me?
You can park it only if the society has enough parking space .
And better take up the matter with housing federation or registrar.
Then you can file an fir after there verdict
Namaskaar Mr. Tejas Salunke,
Have you been able to get any reply (to the T permit parking in housing societies) from any Housing Federation, Registrar or Cooperative court rulings?
Namaskar sir,
Yes there was reply stating that society cannot object , but still society put another letter for which there was no reply
Regards
Am I eligible to get a parking space within the Society in Mumbai if I am staying at my Grandfather’s flat who has expired around few years back? The flat is still on my grandfather’s name and I am staying with my Father who is the son of my Grandfather. However the society is denying to give parking as they are saying that the flat needs to first register on the nominee’s name who is my Father. But due to internal conflict between heirs(my uncles) this is not yet been done and will take few more years till which it will not possible to wait for parking space. Kindly advice.
In Mumbai can CHS Management Commitee restrict the residential son(only he resides there) for parking vehicle if the membership is still on the name of expired father. Just to give overall idea of the situation..There was no filled nomination during death of father (no nominee was identified) and hence membership of father is not been carried to any sons out of seven. There are total 7 sons and due to internal conflicts between sons the nominee is still not identified and still the maintaince bill is issued on Fathers name(who is expired). So in this case, can the society restrict the son for parking who still lives in that flat
the old managing committee Chairman had allotted 11 car parking to 11 members.Now the new managing committee wants to cancel these 11 allotted car parking.Can the new managing committe do this? Can the ex chairman challange the same in court
If I have a parking slot duly allotted to me, which is big enough to accommodate 2 cars, can the Society object to the same and charge me for the 2nd car?
sir i am ketan h shah
live in malad kapol society
our new committee demand our car registration book sir they have right to demand .sir we all member stay the air sice 50 years . all members have own car sine 30 to 40 years .but no one demand registration book . sir please give replay
Hello Mr ketan ,
What is the problem in giving a copy of rc book.
Uf they need it give them ….this is a small issue
It is mandatory to provide RC copies as only owners having car in their name alone are permission for parking.
The flat were I stay was under the name of my father in law and mother in law
He expired
Now the mc is asking or a letter from member of society
My mother in law is not willing to sign fir my car parking
What shud I do in that case
I don’t know how to get information about against the monopoly of apartment / or societies some different wings person but i wanted to ask if i hv my ownership car parking n again i bought a second car and society refused me to park second par under building premises but same way other some members hv double car n they only park in society premises because they r a friends of committee members is there any law or anysociety rule so i can teach them a good lesson or legally they r wrong how can i proov that under which sec or act i can fight with them for my right.
You can park your second vehicle only you have space for parking. No one can stop you doing this …but if a new car comes in then the member with second car should vacate the space
Dear Sir,
I live in a colony and the society of the building in which I live levies car parking charges every month. I have a second car which i park outside my building in a lane. Now a new association is formed by the buildings in the lane and they are asking all the car owners who have parked their cars in the lane,to pay parking charges to them. Kindly let me know if this is justified and legal.
Thankyou.
Hello
This is completely absurd. You don’t have to pay for parking outside the building .
Report it to police station if they force you to do the same.
Regards
Thankyou very much dear Sir, for your prompt reply.
Hi
i live in a mahada society on rent , we have three cars and we have been alloted prking accordingly. rent per month for each car was Rs 200 , now suddenly the committe is asking for 1000 for each car . when we asked for explanation they had no explanation.
I don’t know what to be done.
Co.op housing society does not have conveyance, even after that society have right to charge for parking alloted?
– The vacant space left beside the Building does it comes under society or its total control is in hand of the land owners who gave their land to develop.
Our society recently decided on rotational parking system of society own parking space. Does it apply to original members who have purchased from builder paying large amt of money ?. Society open spaces hv been allotted two yrs ago. Does the rotation apply to only society’s open spaces and not members ownwed par ki g stilts ? . Please clarify.
Builder has to provide parking for all the residents and he cannot sell stilt or open parking to anyone. If they had paid the money, the same should have been incorporated in the sale deed including the space opf parking area otherwise the letter of allotment by the builder is only a piece of paper.. Any space said to have been purchased has to be reigstered and stamp duty to be paid to the value. Further the society has every right to give rotational allotment depending upon the decison of allotment process by the Managing committee.
I am a tenant at Thane, and have made agreement for flat with parking. The society has allowed the same for last three years. Now all of a sudden, the society members are talking about no parking for tenants. What is the remedy?
My car is not going out on daily basis so the our unregistered society members says you can not park car in the car parking and actually we come first so there was no that much cars so is this correct??
We wanted to understand that as per Bye laws we as first car parking are supposed to pay parking rental charges or not.
very nice tips. Thanks
Pls help me for below query ….. My issue is I have been allotted parking lot while purchase of my room , but there is no proper exit for my parking opposite side there is wall and from other sides cars are parked . Hence I cannot remove my parked car unless other cars are removed . Requesting to provide me solution for the same . Already discussed with society but still didn’t get any solution .
Myself holding Car Parking in premises. Every flats have there own car and parking.
Presently myself not having car. So my parking place is empty and no one from building interested in getting on rent.
My Question
Can I Rent out my parking place to my friend leaving in adjoining building. Where as the one of the Gate of adjoining building is also the same as my premises.
Please advise where do I stand.
Regards
Jitendra Sheth
Mumbai
Hi
I have booked a new car. Is it mandatory to provide an application to the society beforehand.
Thanks
Surendra More
Respected sir
I have owned three shops in Bhayandar East..and every shop have 10 ft open area, one of the shop rented to food seller who sold his fruit on hathgadi (four wheel ya rekdi).. at end of the day, he parkes is hathgadi(3-4) in front of shop space..I want to know can society collect parking charges for these hathgadi parking?..They charged 200 per hathgadi for parking…they says these is two wheeler…Pls reply asap..
Hello, I had purchased a flat in Thane (741 sq ft carpet area) in 2009. I had not purchased a parking spot. Now housing society has been formed. But the builder is still selling parking spots. As per the Maharashtra housing society bylaws, I understand that the builder cannot sell parking spots. Please let me know how I should take this up with the Managing Commitee. What should be the next steps so that i can get a parking spot without paying the 10 lakhs.
Hi,I have my own 1 st floor flat and flat having attached open terrace.one of society member park his car under terrace which is no parking area.then what i do.
Hi,I have my own 1 st floor flat and flat having attached open terrace ,one of society member park his car under terrace which is no parking zone.what i do.
I am a member of CHS last 10 yrs,I have parked two two wheelers and being ground floor the upper floor tenents are troubling by throwing dust,grains and water dripped clothes untimely.Society is raising objection for covering the said space with asbestos,Kindly guide
Hi,
I am a tenant with a 3 yr lease agreement in Mumbai. Till now I was paying Rs. 150/month for my 4 wheeler as parking charges. Off late, the society has decided to charge the tenants 10 times the present parking charges ie Rs.1500/month. Is this legal?
Absolutely illegal, they cannot on that .
File a fir in nearest police station
Is there a law or rule that a married girl cannot park her car is she is staying at her parents place with her family and parents.
Respected Sir
My name is Nilesh Gaikwad I stay in a co-operative housing society in Pune I have purchased a flat of 710 sq ft in 2015 the project Pune Municipality sanctioned.
I am facing issue with car parking area.
Builder has sold stilt/open parking spaces, as there is no parking left I am parking my car in open space (common area). Society committee members are saying I am not supposed to park the car inside society premises as I have not purchased the parking from Builder.
AS per my understanding and what I read at your site and serval other legal guides, I see it is the right of a flat owner to park in common area. As per the law Builder should not sale the stilt or open parking and it is committee members who need to allot the parking to all the residents.
I have been badly humiliated by one of the committee member on this car parking issue, I need your help and opinion on how I can get the parking space.
Thank you.
Can a owner construct a separet shed and one more door only for his car car parking area in a appartment
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No one has replied to my query of 2017: Can a Society prohibit any member to park more than one vehicle in the parking slot duly allotted to him/her, within the allotted slot. Mahendra Sharma
I have purchased the flat with parking in Pune in 2013 after that I am using the way(street) which builder giving to us all, but now society closed that street to go to parking and I don’t have any legal way to enter my parking, if I have to enter in my parking I have to use the other parking so do I have any rights to claim my way of parking wich builder gave us and do society have rights to close the ways of enter and exit from building.
Honorable Supreme court Ruled Out on 29/08/2010 That Developer cannot sell open spaces and stilt car peaking areas in the building which they have promoted. kindly let me know whether this is applicable to the state of Maharashtra or whole of India Including Maharashtra? What if i have purchased of flat in 1981 and paid separately for stilt car parking. What are my rights of ownership. Co- Operative housing society formed in 2010