By Mahabaleshwar N. Morje,
Advocate – High Court – Mumbai
To have a Car has become necessity. It is no more status symbols the problem of car parking has become very difficult question in the City of Mumbai. The number of cars are increasing day by day. Whether it is parking on the public road or at public places car in the compounds of housing societies, the question is assuming a greater dimension day by day.
Some of the important questions of fact and law are as under:
1. Whether tenant under the Rent Act has the right to park his car within the compound of the building ?
2. Whether a member of a Co-operative Housing Society has a right to park his car within the compound of the Housing Society?
3. Whether a purchaser of the flat has the right to park the car in the compound of the Society before registration of the Society and execution of conveyance is the favour of societies?
4. Whether an owner of an Industrial gala has the right to park his car or truck or other vehicles within the compound of Industrial Estate/Gala?
5. Whether the parking of car has considered as an essential services under Bombay Rent Act or under Maharashtra Ownership Flat Act?
6. Whether the garage or parking space treated as non-residential premises and
additional taxes or stamp duty are required to be paid?
The building bye-laws and development control rules for the Municipal corporation for 1888 refers to the various provisions regarding the parking spaces. It refers to what way the parking space can be provided to the residential as well as to the lodging establishment, touring home, hotels with accommodation to educational institutional assembly government and semi government private building and mercantile and industrial storage , etc. However, this article refers only to the residential premises as states below:-
The parking space is broadly divided into two areas, i.e. posh areas and other areas. The posh areas includes Malbar Hill, Cumballa Hill, Reclamation area, including reclamation of Juhu, Vile-Parle, Sasoon Dock and Napeansea area and rest of the city area, suburb and extended suburb.
Each off street space provided for Motor Vehicles shall not be less than 25mX5m area and for scooters and cycles the parking spaces provided shall not be less than 3sq.m and 1.4sq.m respectively.
For building of difference occupancies off-street space for parking of vehicles shall be provided.
Municipal Bye-Law
According to the Municipal bye-law No. 36A which refers to the parking has stipulated that parking space should have minimum size of 18′ long and b’ in width. When the plans are approved or sanctioned under the building regulations, the building regulations, the builders are required to leave certain space for purpose of plat ground, garden , etc. However, there are no definite guidelines for allowing parking space.
Societies in Mumbai can be divided into two groups. Societies of posh localities and other localities. The people from posh localities sometimes hold more than one car and in such cases the Society may pass resolution allowing, the first car to park on a charge of Rs. 50/- and the second car on payment of Rs. 150/- and the third car by paying a compensation of Rs. 300/- . The question arises is not the recovery of money but whether they have such necessary open space for permitting under the Bombay Municipal Bye-Laws. If large the space for garden, play ground etc. and instruction where there is fire brigade engine.
Model Bye-Laws Under Co-operative Societies Act:
Clause VIII of Model Bye-Law 71 of Co-operative Societies refers to car parking charges. It states that the rate fixed by the General Body of the Society under the Bye-Law No. 86 and the car parking charges may be decided accordingly. It must be noted that the General Body has right to allow space for car parking which will be subject to the Bye-Laws and Development Control Rules. The Society cannot allow any number of cars if it is not permitted under the special Bye-law and the Development Control Rules.
It must be noted that originally the residential flats were exempted from the payment of stamp duty under the co-operative societies. Subsequently, the notification which came into force on 30th March 1980 garages were excluded from the exemption of stamp duty. Mow, further change has taken place as per the notification dated 17th March 1988 issued by the Department of co-operative. Further question will be about the payment of additional municipal taxes. Garages are of two types open garages and closed garages.
It has been unfortunately noticed that every other the plans are submitted approved and sanctioned allowing the parking area and however, subsequently it has converted into shops contrary to the approved plan. Therefore, precaution should be taken that there was no misuse of the premises for the parking. The bye-laws are nothing but to ensure an orderly management in the interest of the members. One of the important principle of the Co-operative housing society is better management and better living. The members of the society are charged a minimum of Rs. 50/- for parking space normally. The society cannot afford to allow two or more parking plot. This is in order to payment encouraging members bringing more than one car. It also encroaches the parking spaces of others, as well as free access to the members within the compound of the society. This is being indoor management. It is generally decided on certain compensation. However, in fact, if the municipal authorities objected then the society cannot allow more than one parking space parking spaces are permitted under the municipal bye-laws and under the Development Control Rules.
In view of the judgement of the Division Bench of the Bombay High Court which takes the view that the tenant has no right to park the car without the permission of the landlord. In case of the co-operative societies which are duly registered the question would be whether the society can present the purchaser of the flats from parking the car within the compound without the permission of the society, Obviously, all these facts will be required on the basis of Resolution of the General Body as states in Bye-laws No. 71 Sub clause (a).
Several Judgments have been delivered on the subject of the right of car parking Justice G.N. Vaidya has taken a view that if the tenant is having a car, he has right to park within the compound of the building if the car is shown as essential services. The judgement was reversed by the division Branch of Bombay high court. However, in case of housing society it was found that some of the promoters of builders deliberately avoid the registration of the society with a view to retain the control on the property of the proposed society. Some times it is found that the space which is shown for garage close or open, subsequently converted into business premises and purchasers are denied of right of parking the car. The division bench of the Bombay high court has also delivered the judgement Kelpik Co-operative Housing Society where it was found that the builder deliberately avoid registration of society, it is held that Builder cannot be allowed to take the advantage of their own wrongs and deprive the benefits available to the purchasers of the flats.
Justice R.A. Jaghirdhar in one of the judgements – right of the purchaser of the flat to park the car within the compound of the society,. Recently an appeal against order of the judgement delivered by the Judge of the City Court came up of admission and interim relief before Lordship Justice M. L. Dudhat where the builder has failed and neglected to register the co-operative Housing Society though he had put into them possession of the flat about 10 years and some of the members were parking the car for last several years. The builder filed a suit for restraining the purchaser from parking the car within the compound. Counter notice of motion was taken out by the purchaser restraining the builder from preventing her to park the car and status quo was granted. Finally notice of motion was decided in favour of builder and Landlord M.L. Dudhat Justice has admitted the appeal and granted the injunction against the builder restraining from objection the car parking.
The problem of parking has become more difficult than paying tax. Though it is made an obligatory under the development Control Rules to provided a car for parking it has become extremely difficult to do and members are forced to keep the cars in compound open space which is used and kept for the purchase of playground or garden. As there is short of the middle class people and lower middle class people, age of space which will result dispute among members to practical difficulties and therefore Housing Society should made necessary changes in the Development Control Rules and provide at least to keep 1 car for 1 flat and originally till 23-1-80 the car parking was a part of the residential premises. However from 24-3-80 it has become a residential place and which requires to pay the Stamp Duty and in Certain case two separate agreements are prepared one for purchaser of flat and another for purchase of car parking space. In order to avoid any dispute necessary amendments should be made in Development Control Rules. The Development Control Rules 30 referring to parking spaces. It states as under :-
The Problem of parking space is much more acute and complicated as it differs from locality and for the purpose of and nature of user the sudden growth of motor card and shortage of land for parking as created unprecedental problems for not having to the management of the housing societies municipal corporation and government etc. The answer to problems to be found on the basis of sudden unprecedental growth of housing in island of Bombay.
Saptakala Real Estate Law Journal
Informative Articles
I had purchased a flat in year 2007, and our society was formed on July 2009. I have not yet purchased the stilt from the builder, however other flat owners’ have purchased stilt parking from the builder. IN the society meeting, I suggested for some charges to be levied for car parking, however the members’ refused it by saying that they had purchased the car parking at a specific amount from builder & won’t pay the car parking charges. Is there any clause where the stilt car parking space purchased by the owner can be charged.
I have a flat in Mumbai. I am staying in bldg since 5 yrs. However bought the car recently. There is no parking available. However, 1 flat owner has given the flat on rent and the tenant has parked his car there. Can the parking be given to me as I am the owner in the society and first priority should be given to owners and not the tenant. Pls advise.
I have recently purchased flat in borivali.out of 168 flats builder has sold 68 open parking place and now there is little or say no place for other tenents to park there car. can builder sell such open space as per rules.
i hve a flat in kandivali,I am staying in bldg since 5 yrs..However i have recently purchased a car…i use to park my car near the gate …..which was previously empty and was not in usage for parking…as soon as i started parking my car for few months….after 2 months one night as i was out.. the other member parked his vehicle on my parking space without informing us when we returned we requested him to vacate the space…on that he claimed us that this was allotted him by builder over night whereas there is no such rules followed in my building as builder/Developer stays on top floor of the building are good friends…i started parking my car on the same row on the last position ….since i m peace lover person …i didn’t objected on the issue…but now a days its getting worst …since the builder is forcing me to remove my car and should be parked somewhere else…and threatened me by stating that ” if not removed,then would towed or air will be taken out…….” he act what he claimed …he removed the air from the Tyre… he also use abusive language to me and my wife and threatened us that he would throw us out of the society..,,!! Pls help and suggest me and also advice me after the sell of flat.,..what r the authorities as a builder he has?.,.Is he has the rights to do the above issue …What are my rights and his rights against the parking issue…
hi..this is kunal..im a fellow owner of a flat in a Co-op Hsg. society at mulund….is there any law which says tat a tourist vehicle cannot be parked in the society…if at all its owner has a flat in the society the vehicle cannot be parked in society premises….? pls reply me ASAP……and pls let me know the parking issues…..
Hi, I have purchased a flat in Versova where the flat has been registered after the payment of stamp duty. My name has yet to be transfered on the share certificate. Does this mean that I cannot park my vehicle in the society compound inspite of every flat having one parking space in the compound? I have a permanently injured leg which which prevents me from walking long distance if I am asked to park outside the society compound. Please reply ASAP whether I have a right to park in the society’s compound before my name is transfered on the share certificate.Â
Sir,
We have taken Tavera Neo for tourist and has parked the same in the society compound but the society refuses to allow it to be parked in the campus ? pl give a solution
URGENTLY
Smita Gaikwad 9820979545
The society cannot refuse parking on the ground of commercial vechicle. The parking policy of society must be followed if they have assigned you a parking space or to other members. In the absence of parking policy or mention in byelaw, you can park your vechicle in the society’s premises.
Can a society charge for two wheeler parking without specifying a place to park and without a guarage and without taking any type of responsibility for loss to the parked two wheeler?
Can a Huf jointly with an indivual purchase a flat in a housing society?
can society allow car to park in gangway and block the people even walking freely. Is there any law prevent members to park vehicles in gangway. We are leaving is such a threat that no SOS services could be offered to all members such as medial, BMC and fire.
Please advice
thanks in advance
we are a family of 4 persons & we have 3 cars in our family, the society is charging Rs 300 for 1st parking, 500 for 2nd & 1500 for the 3rd. it is an open parking space & our cars are for personal use.
does the society have a right to charge such exorbitant rates for the 3rd parking & why such a difference when there is parking space available with the society.
please advise
We are 75 members Society situated in Panvel. There were 29 Stilt Parkings & Builder has sold those Parkings to 27 Members while Purchasing the Flat. Out of these 29 Stilt Parkings, 3 Stilt Parkings were sold to one Member and the same Member has entered into a Deed of Rectification with the Builder which was subsequently registered by paying a Stamp Duty on the same date as that of Society Registration. Now the Managing Committee has decided to construct Sheds in open area & allot them along with remaining unallotted Stilt Parkings to satisfy remaining interested Members.I would like to seek your opinion on following points:1.Can Builder sell the Stilt Parkings?
2.If Yes, Can Builder sell 29 Stilt Parkings to 27 Members by keeping remaining 48 Members without Stilt Parkings?
3.Can Stilt Parking Agreement be registered?
4.Can the Managing Committee construct Sheds for the convenience of Members without approval of the AGM(Pl note that AGM has given the Approval for allotment of only Stilt Parkings)
Thanking you,
Your Sincerely,
Mr.B.R.Varadkar
it was very good written
I am member of a cooperative society in Borivali East. I own a stilt garage in the society for parking , the society has issued sticker to all the members who have parking inside the society rest all have to park outside , as I own 2 cars I requested them to issue me a extra sticker so that i can park any one car in the garage owned by me , However the committee members refused and don’t allow me to park my second car (Without ) sticker in the garage insipite of me being the rightful owner of the parking , The discretion of parking the car should me mine as to which car i shall park but they dont allow me to park the car
I am member of a cooperative society in Borivali East. I own a stilt garage in the society for parking , the society has issued sticker to all the members who have parking inside the society rest all have to park outside , as I own 2 cars I requested them to issue me a extra sticker so that i can park any one car in the garage owned by me , However the committee members refused and don’t allow me to park my second car (Without ) sticker in the garage insipite of me being the rightful owner of the parking , The discretion of parking the car should me mine as to which car i shall park but they dont allow me to park the car Can I insist on parking my car in my garage
My Co-op. Society has Flats , Office on 1st floor, Shop on Ground – Road side. Having 8 stilt and 18 open parking space. Total flats are 24 in one wing & 24 in 2nd wing, total 11 Offices on 1st floor having seperate entrance near residential staircase, 12 shops. I bought Office in My company name in 2005 with one stilt parking, society registered in 2008. I have 1 four-wheeler and my permanent staff has 4 two-wheeler, which is given by company but registered in their individual name, which we are using for office purpose during office hrs. After society registration they started charging per Month Rs. 50/- for four-wheel & Rs. 25 each for two-wheeler. Initially there wear 4-5 four-wheeler , but now there are more than 18 nos. and many two-wheeler. Now in AGM society & other residential members are in a opinion that not to allow Office user to park their Four-wheeler in society premises as as per byelaws office or commercial are not allowed. Is this as per byelaws that Office of Commercial shop owner can not park in society premises????.Pl. Reply ————  Also they are thinking to allow 1 car & 1 two-wheeler per flat / office and 2nd car not allowed.   2nd two-wheeler for residential will be charged Rs.50/-p.m. and for Office users Rs. 300/- per two-wheeler p.m.  CAN THEY CHARGE SUCH A HIGH RATE FOR OFFICE USERS ?? Pl. Reply..   ( Vijay Vaja – Mumbai )
I had purchased a flat in year 2007, and our society was formed on Dec 2009. I have not yet purchased the parking, however other flat owners’ have purchased stilt parking from the builder. IN the society meeting, I suggested for some charges to be levied for car parking, however the members’ refused it by saying that they had purchased the car parking at a specific amount from builder & won’t pay the car parking charges. Is there any clause where the stilt car parking space purchased by the owner can be charged.
i am lived in mumbai i will not buy car parking in so now i want to park my car in car pariking can i park or not same member buy from builder car parking but i will not plaese tell me rule for car parikng in co op so
What is the status of garage (closed garage with shutters) owners in a society regarding maintenance and society repair. The garages have no water connection, electricity connection can be taken from the garage owners residence meter. One member is of the opinion that the garage owners should pay maintenance/building repair amount exactly the same as is being charged for their residence (per sq feet wise). Garage owners say that the garage is only for the purpose for parking cars and if the society charges them as per their flats they should get the same status. So far there is a fixed amount being charged to all garage owners and this has been going on since the society was formed (over 40 yrs ago). Please advice
The parking rules so defined here and also ruled by the Supreme courts also applies in states other than Maharashtra. In simple terms, can this ruling be enforced in West bengal?
Can any body tell me is there any rule on how many Commercial Cars an individual can park within a Common parking area of a Society premises.
We have a Resident owning nine Commercial Cars and refuses to park any outside the premises.
I am having shop in New Mother India CHS Daftari Road Malad (E) since last 10 years.I want car parking space for 24 hours. Society says Shop owners can not park car during night.Is it so?or shop owners are also havuing same right as flat owners.If society don’t permit then where to make complaint?
We live in apartment consisting of 40 flats. Out of the 40, one apartment was not sold out. The builder has provided 52 carparkings on stilt and cellar He has sold out 39 car parkings through lottery and kept the remainign 12 parkings under his control. As per the lottery some got carparkings in cellar and some got in stilt. In lottery, Before registration of the society, the builder sold out the extra 4 carpings on stilit to the interested owners who got their carparking in the cellar. After registration ofthe society, 10 months later, the builder could sold out the left over flat for whom a carparking has already been earmarked in cellar through lottery but that purchaser demanded the builder to provide that carparking, which is kept by the builder on the stilt. Accordingly, the builder sold out that carparking on stilt depriving the existing senior purchasers who wish to have that one on stilt. In this context can you suggest me whether the builder is capable to sell any carparkings after formation of the society.We request guidance ASAP.
Ours development is under D.C.Rules 33(7). We are total 45 tenants. Our developer/Builder are hesitating to allot us 45 car parking slots as demanded by our proporsed Society. Please guide.
1. how many car parking allote/provide for rehab tenants in building redevelop under D. C. Rules 33 (7) as per new amendmend D.C.Rule 33(7).
what is new amedmend/modification in redevelopment schemes D.C.Rules 33(7)
I have a slightly offbeat and a peculiar query on parking. I am a member of a housing complex in kandivli east residing in the society for the past 10 years. I have purchased an open parking from the builder at the time of posession and the builder in turn has given me the allotment letter which is honoured by the society.
Since the past one year and a half, my car has been damaged 4 times by objects that were thrown from higher floors of my building.
I have given it in writing to the society of these occurunces but the society has not taken any cognizance of it and neither reverted back to me on the same issue. I cannot bear any further loss to my vehicle and have decided to build a temporary shelter for my car parking. Can I go ahead with it ?
i had purchase a flat on 15.8.2010 with the flat there r 2 open parking slot alloted by the builder ,one of the member is a friend of seller and now clain to have bought one  open parking slot, please help me
hello
i live in a socity with 73 members and place enough to park 16 cars only as common parking we have a problem as some cars are not moved for months these car owners are not ready co-op
and most of these cars are not mumbai registered .parking charges are charged to these vehicles also is there a rule on this matter and where can i find it
thxs felix.
Dear All, Car parking seems to be grey area despite the number of explanations and queries that float around in various websites. Ideally we need to know couple of thinsg with regard to car parking:1. Rights of a society member to take action against the society office bearers who either do not know the rules or callous in not boethering to implement it with respect to car parking.
2. As per RTI, there should be a emergency email contact at BMC that should respond within 3 working days on all clarifications pertaining to parking in societies.
There is no way these genuine queries and concerns can be addressed to its fullest merit without the above 2 things in place. Most often the society secretary or office bearers or active members are highly ignorant about society by-laws and rules of BMC.
Sir/Madam,I wanted to know how much open space a builder has to provide the residents as a plarground for recreational purposes and can he make any construction on the said space?? please reply me…thanking you
Hello, Please guide me as to wheteher a tenant is entitled to a parking space in mumbai?Our building was declared dilapidated by BMC and now being reconstructed with more floors.Thanks in advance
After Consulting Society chairman & secretary that is there any litigation in the flats which i am going to purchase form seller, I have purchase 2 flat and one registrar Car parking space which seller had purchase from builder and sold me the same. further Society has issued me No objection certificate on society letter head for my registration purpose. know i have registrar the documents and gone to submit the same to society has i required NOC from scoiety for bank loan. know society is not giving me NOC saying that if you want NOC for flat than you will have to sign some documents saying that i will not demand for car parking space and the seller who had sold you this car parking will have to surrender the same to society than only we will issue Noc what schould i do know.
I am living in a flat for rent at Mira Road,I own a car,and there is ample car parking space in the society,the society secretary has a paid parking space but he keeps cycle there.Also he has bought a scrap car and parked it on the general parking area,he cheats the government by showing the car and enjoys the allowance.they are not allowing our car to park inside,so we made a group and protested,what are the rules,and how we can fight as this place is prone to theft?
can a builder sell open car parking space?
i have my two wheeler and i am parking in society premises last 10 yrs. & i paid parking charges to society every month, last week damage my bike in society compound parking place, damage amount is not a huge amount . can i claim ?
I live in an apartment in Chennai where there are 96 flats. The agreement does not provide for any space for car parking. The drawing clearly indicates parking space for two wheelers only. Initially, 2-wheeler parking space were also marked. Over the years, many residents have bought cars and now about 30 cars are parked, and many more are buying. Now there is a dispute who have the right to park cars ( owners or tenants; – some say only those who have been parking their cars right from beginning have the right and new cars should not be allowed to park). Could you please throw some light on the legality of parking cars in an apartment where there is no provision for car parking?
The bldg where my mother lives went for redevelopment 7 years ago. the original members were promised open parking space. The space was never provided as my mother did not own a car. My husband is currently living with her and needs to park his car inside the bldg. The society refuses to allott a space saying its a guest car. Many of the new memebrs have 3 cars and all are parked inside the bldg. Kindly advise.
What is the status of garage (closed garage with shutters) owners in a society regarding maintenance and society repair. The garages have no water connection, electricity connection can be taken from the garage owners residence meter. One member is of the opinion that the garage owners should pay maintenance/building repair amount exactly the same as is being charged for their residence (per sq feet wise). Garage owners say that the garage is only for the purpose for parking cars and if the society charges them as per their flats they should get the same status. So far there is a fixed amount being charged to all garage owners and this has been going on since the society was formed (over 35 yrs ago). Please advice
Hi ,i had purchase a flat one yr back,apr-10,i want to know ,as per judgement 2010,Builder cant sell open parking,but our Builder had selld around 90% parking,,so pls let me know can i take my veh.in compound,pls let me know…for ur information,Builder had not given a single reciept for parking amt….
i want to know that i have 6 shop in sanpada there is open space in frount of my shop but now society want to auction that place for night parking for society mambers as well as for shop owners. i want to know that it is legaly right.?
I am currently facing with a problem wherein a commercial unit owner who is not residing is not residing in our society, but is a member of the society as he owns a commercial unit, kindly advise can he be allowed by the managing committee to park is car during the nights. The resident members have objection. Our society is of nine members. kindly advise as to what is the law.
I am staying in Nerul Navi Mumbai. The society in which I am staying is CIDCO built.. I would like to know if there are any rules & reglulations for car & motorcycle parking for persons who are staying on rent in the society even if there is no space for parking.
Dear Sri Morje, I have a few issues to seek your expert advice. 1) We have 6 stilt and two covered parking areas in our Building and these were allotted on first come first served basis. Society charges parking @ Rs. 75/- a month. Presently some members after retirement from active service have settled down in other cities giving the premises on rent. The Lessee has to pay Rs. 100/- p.m. Now two members have two each cars owned and one of them has a co. provided vehicle also. Since majority of Committe members are car owners, they have not revised the parking charges, inspite of a strong case made for increase in the AGM. Problem now is – Committee has issued a circular barring of outsiders vehicle from parking inside, even if the car belongs to son / daughter. At their discretion it can be allowed to be parked for not more than two days by paying Rs. 20/- per day. This is not the decision of Gen. Body. What is the course of action for a member like me who does not own a car, but my daughter having a car visits me for 3- 4 days once in 2-3 months. Secondly, is the directive to be abided when it is not passed in AGM. Please respond.
We have 2 cars in our family, the society is charging Rs 75 for 1st parking & for 2nd they are charging 150×30=4500 Rs for 2nd.It is an open parking space & our cars are for personal use. I’m staying in this soc. for more than 18 years i.e. at Mary chs ltd., Ramesh Nagar, Amboli Villege. Also it is not a high maintence society. Also one of the flat owner is ready to share his parking space.
So does the society have a right to charge such exorbitant rates for the 2nd parking & why such a difference when there is parking space available with the society.
please advise
I have purchese a 35 sq.mts flate in yamuna vihar delhi, at present builder say you can not use parking & wants to sale parking to other person after he is already sale all 4 story flate.kindlly give me suggettion he can sale parking leagally.what is low.
Hi stay in Borivali E,Mumbai as of now there is free parking facility for the members of the society and 2 months from now our building is going into redevelopment.It has be agreed mutually by the society and the builder to divide 50/50 parking ones the building is redevelopmed which has been agreed and passed by the society.Now my query is that our society which has 50% parking reserve for exsisting members is going to charge or you may say sell the parking space to the members and according to me it is not by the law and we have a right for the free parking as an exsisting member can we oppose this selling and how kindly Advise
I am staying in Kandivali (E), Lokhandwala Complex, as a tenant, Our society come up with a new rule that they will not allow tenant’s car in-side society compound.  My owner is requesting society for parking allotment,  bur society has a weird rule, that they will only include applications from resident owners for parking allotment (parking allotment is happening for available free space annually, last year they allotted parking to my owner and permitted for my use).  Can they do this discrimination, by giving parking to only resident Owners and NONE to other owners and to their tenants?  Do they have right to throw tenants car’s out of society for no reason?  Can’ they do lottery for all available applications, whether for Owner (Resident ) or Owner (Staying away but wanted for Tenant). Here why tenant is being treated like a DOG by our society, they should not treat society as a little kingdom. Please help and advise.
Sir,
I am a flatowner in co-op hsging society, we hv 34 flats & 26 stilts parking &
6 open parking, when I purchased car, all 26 stitls parking were sold to other flatowners, so I hv to parked my car in open parking with other flatowner who also not got stilts parking like me. once wh had 7 cars & 6 open parking, so one mermer has to park his car outside society for 6 mths by rotation. But now member who already hv stilt parking hv purchased 2nd car , they r 5 members &
they all r commitee members of the society & they also want their right of car parking in open space, we requested them that they shd park their 2nd car outside society, but they feel that if they do so then they lose their open parking space right, now what happened, out of 5 member who got thier 2nd car , 3 member parked their 2nd car in open space, while other flat owner who got only one car has to park their car out side society for more than 6 mnths. so is there any law by which we can prevent member who got stilt parking & also want open parking right?
thanks devanand
i live in a co-op hsg. soc in mumbai.my problem is dat our society had 3 official parking which r already been occupied by some residents of our building. now what if ihave 2 purchase a car & parking where der is no parking available nw?
I have a four wheeler which I have been parking in the compound for the past few years. The vehicle is now in a bad condition as it is not working. A person who washes all the vehicles in the society was employed by us to wash the vehicle daily. He was told by other society members not to clean our car. Now we have been told that the society has decided not to allow non moving cars to be parked in society. We have been paying all the monthly charges applicable. Can they overcharge us as penalty or force us to remove the vehicle from the society compound?
we buy a flat in Gujarat at rs. 1521000 on April 2009 but  we already paid Rs. 750000. but we are late to pay other payment we are 6 months late to pay. now builder not ready to give us flat same rate he demand 400000 rs. above of fix rate. please help us to give us legal advice. Â
I have bought a flat in the city of Akola, Maharashtra, When I bought it, I didn’t have car, but now, I am willing to buy a car but my builder will not allow me to park my car in the parking lot. He will ask me to buy parking space for Rs. 100000/- some of the flat owners of our society have paid for the parking space. I heard that, there are some judgements passed by various courts that, every flat owner should be provided with his own parking space. what should I do?
In our society there were 25 unit holder but some of the unit holders gave their offices on leave and licensee basis and with that they gave their parking slot to the licensee to park their car. please answer me for is any rule for not give carparking space to leave and licensee
Hi,
We bought a flat in chennai with car parking and we moved in to that flat. But now my builder is planning to divide my parking area in to 2.
What can I do for that?
pls reply me soon
i have a shop in residental society.they charge me for parking monthly.bt i only park during the day time.there is a common lane in between our society and the opposite society where i park my vehicle.is it legal to charge me for parking.i come under thane dist. pls reply..
We r tenant in an apartment. And we r nt allowed to park our car inside the apartment. Owners of the flat can park car for free but for tenants it is chargable Rs. 500/mth. That is really not worth. Please guide us. we dont know law abt this injustice. Thanks.
hi i am balram from akola i have a plot which i give to the builder for the development on the place of plot he give us one 2 BHK flat & 2,00,000 lakhs in cash.please give me suggestion what type of agreement i should have done?
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i am staying in my older brother’s ( real brother) flat in mumbai, my brother is not staying with me since the flat was purchased ( from 10years). can i park a car owned by me, inside society primises. some members have a objection on it & they are not allowing me to park my car in open space of society.
hi i am a member of cooperative housing society in panvel and i want to know the is their any rule for the outsiders and visitors vehicle which should not be parked in society compound
Im from NIGERIA.. My landlord stays in the same society with us.. there is no parking space allotted to any tenant. Now he wants me to park my car in another spot and leave that particular spot for his wife.. meanwhile no body has a particular parking space. And I refused. So I want to know my right here
This is w.r.t. CHS in Pune. If a member’s car is parked in a no-parking area designated by the society but within the housing society and the car is damaged by another resident of the society, how and from whom can the car owner recover for the damage caused to his car?