Car parking awareness

Read in Marathi

Readers, welcome back! In housing projects, car parking is a very personal issue and a matter of concern. When buying the house, parking has become a requirement. For years, builders have been defrauding millions of flat owners due to a lack of knowledge regarding parking. Disputes regarding the parking lots of the housing society have been widespread. The flat owners fight amongst themselves, yet they let the fraudulent builder free. This will make you aware of the very crucial information about the parking.

Do the builders have the right to sell parking spaces?

No. The builders do not have the authority to sell open parking spaces. The builders also have no right to sell what is known as stilt parking or covered parking beneath the podium of a parking building.

• Know about Bye-Laws for Dispute resolution.

Which parking spaces can the builders sell?

Parking in which FSI (Carpet area) is used can be sold. Such parking is enclosed on three sides and has a roof over it. The builder can have the right to sell only such parking.

Is a parking transaction lawful if the builder mentions covered parking in the Agreement and Index II?

Since parking cannot be sold, the builder only mentions ‘covered parking’ in the Agreement and Index II. Such a dubious mention is made in the agreement to mislead the flat holder and make money. If the parking is mentioned in the Agreement and the builder has charged for it, a notice should be issued to the builder to recover the amount, and subsequently redress should be sought from the consumer court in due course. Such mention does not allow any flat holder to show ownership of the parking lot. The High Court has ruled that the society should not even take notice of such parking lots. It has also ruled that a builder who sells parking spaces illegally be prosecuted. 

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Do housing societies have the right to sell parking spaces?

Nobody has the right to sell parking spaces. The Housing Society is in charge of the parking lot’s whole management, maintenance, repair, and planning. According to Model Bye-Laws Nos. 78 to 84, the society and general meeting have rights related to Parking spaces and stilt parking allocation policy, restrictions on use, parking marking, eligibility for parking allotment, and parking charges. 

• Click here to see: How to file a complaint against a builder under MOFA?

How should housing societies allocate parking space?

Parking can be allocated in three ways. By lottery or auction or first allotment to the first applicant, the society must formulate its own parking allotment policy, the general meeting has the power to make and change parking allotment policy. Housing societies work for the benefit of these members. The first criterion for allotment of parking is that the parking will be allotted only to the person who has his own car and also the occupant of the flat will be allotted parking first and then the parking should be allotted to others. If there is space left after allotment of parking to all, it should be allotted to those who have another car. According to the development control rules, it is mandatory to have a visitor parking space. 

If those who bought the parking from the builder have a majority, how will justice be served?

The housing society should allocate parking as per the provisions of the Bye-Laws. It is unlawful to pass a resolution against a Bye-Law and any other law. If an illegal and unjust resolution is passed by a majority vote on the allotment of parking, it can be challenged in the Co-operative Court. Those who pass such unlawful resolutions may face criminal charges.

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Is it mandatory for the builder to provide as much parking as the number of flats?

There is no such obligation. Parking is approved as per the provisions of the Development Control Regulations in the sanctioned plan. Builders tend to sell marked parking lots illegally. The builder should not insist on allocating parking. The parking allotment made by the builder stands revoked and cancelled if an association of flat owners is formed.

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