Urgent -car parking dispute- bangalore
Ria
(Querist) 21 April 2014
This query is : Resolved
Respected Experts,
I have brought a flat which is resale. Along with that I have been alloted a car park.
However the car park that was alloted by developer to the 1st owner is too small and even a Nano cannot be parked there.
Due this I parked my car in a nearby parking slot which is free, as the person to whom the car park is alloted DOES NOT OWN a car and the parking lot is vacant.
Now the other person to whom this car park has been alloted demands that I remove my car from his alloted parking slot and park my car on the road.
Association has not been formed in this apartment.
1) Please guide as to if I can park the car in this unused parking slot as parking lots are "common areas" of a building ?
2) Is is legal for the developer to allot car park to some one who does not own a car and let a parking lot lie vacant to the exclusion of members who own a car ?
ajay sethi
(Expert) 21 April 2014
you are correct in saying that parking slots form part of common areas . it appears that builder must have sold parking slots but is shwoing it as allotment of parking slots .
on formation of association if number of slots are less and members more then association can allot parking slots by drawing of lottery .
check your association bye laws regarding parking slots allotment .if member does not own a car he should not be given parking slot
T. Kalaiselvan, Advocate
(Expert) 27 April 2014
Please check it up with the recital of sale deed or sale agreement since your apartment is yet to form an association or clarify from the builder.
