Can i park two cars in one allocated car parking?
Debanjan Ray
(Querist) 08 December 2017
This query is : Resolved
I have been allocated a single stilt car parking by our builder 15 years back in Bangalore. Dimension of car parking: 4.14 meter x 5 meter. As per BBMP building bye laws, minimum car parking dimension should be 3 meter x 6 meter. While allocating in sale deed, the Builder admitted that since required length is less, they compensated by giving more width (between two pillars). After that, I started parking two cars within 4.14 meter width without hindering any other's parkings. Now our Association issued me a letter to remove my 2nd car. They even painted a rectangle around one of my cars, and declared that outside the boundary I do not have any authority to park my 2nd car. I have a copy of the car parking drawing approved by BBMP, in which no particular dimension is mentioned for any car park in our complex. I also found as per bye-laws of Deed of Declaration(DoD) (Ref: Karnataka Apartment Ownership Act & Rules), Association does not have Power and Authority to define car parking and segregate any portion of common area. DoD mentions undivided common area for each apartment, and also mentions that car parking is part of common area, but does not show further subdivision of each car parking area.
Can anyone suggest on this case?
Dr J C Vashista
(Expert) 12 December 2017
File a suit for declaration, permanent and mandatory injunction before civil Court or seek a writ of mandamus from High Court through a local prudent lawyer who may be competent, able and intelligent enough to challenge Memorandum of Association and get to added to park your 2nd 3rd and subsequent cars by stretching the space available with the association.
Debanjan Ray
(Querist) 07 May 2018
Thanks. Is there any law that one can not park two cars if allocated car parking space is big enough to accommodate so? If so, which clause of which legal document?
Challenge is how to find a prudent lawyer.
Guest
(Expert) 07 May 2018
While in Rome, do as Romans do. Instead of resorting to litigation against the association, better get the bylaws of the association amended to your favour by majority vote in the AGM of the society. A very easy and economic formula. Majority of members in a society can do any wonder. On the other hand, any court case has a probability of 50:50 chances of winning or losing, but pretty sure to waste money, precious time and mental peace, besides continuous physical botheration through that course.
So far as the prudence of a lawyer is concerned, that can be known only after winning or losing a case. There is is no hard and fast rule or yardstick to measure that. You can celebrate if you win a case, you can lament, if lose that. Winning of a case can also be a short lived, if the other party goes for revision or appeals.
Rest depends upon your own wisdom.
