Association has any right on the allocated parking place
Querist :
Anonymous
(Querist) 04 November 2010
This query is : Resolved
We formed as a owners assiciation of a building(Apartment). But didi not get any written documents from the builder in the process of handover the building.
We have few concerns about this. can u plz clarifiy.
1. There is one unsold flat and 4 unallocated car parkings. Does the builder has right to allocate any one of the car parking to that flat while he is selling that flat.
2. Does the association has any right to change the parking place of that flat once the builder sold that flat.
3. After selling the flat, does the builder has any right on the remaining 3 parkings.
4. Do we need to collect any written documents to handover the building from the builder/developer.
Thanks.
Querist :
Anonymous
(Querist) 04 November 2010
any suggessions plz..we need your valuable comments..
Devajyoti Barman
(Expert) 05 November 2010
Yes, at first you have to take the delivery of the building so that the Society takes care the management of the flats.
Now for rest of the queries, it is to be first seen what the Rules and Regulations of the Society ,if registered , says about of the rest of the premises. If the remaining flats and the parking spaces belongs to the Builder then he could sell those st his will and to any person he chooses.After the transfer the purchaser will have to abide by the Rules of the Society for effecting any material changes in his property.
Querist :
Anonymous
(Querist) 05 November 2010
Similar issue facing me...
I purchased a flat in this june and builder alloted one car parking for me.
There is already one association formed in JANUARY, which is registered to maintain common facilities like maintenance,steps,unauthorised parkings etc.,
Still they did not get any building related documents from builder.
Now the society is trying to change my parking slot...is it valid. Does they have right to do that...
M V Gupta
(Expert) 06 November 2010
The answers to your queries depend on the terms and conditions of the agreement for sale executed between the builder and the flat buyers. There is a Bombay High court decision which held that the builder cannot sell the open car parking spaces, as they form part of the compound of the building. However the covered parking spaces are being sold by the builders under the terms of agreement for sale. In these cases the owners Association/ the Society cannot change the allotted parking space. You should have clear possession certificate for the parking space.
