Sunil Jangale 13 April 2018

Housing Society Parking issues

Sub:- parking issues in housing society

sir,

The builder has given a registered housing society to the committee in March 2016.The builder has distributed parking slots to the 35 flat owners and charge Rs 2 to 3 lakh rupees for parking slots. The builder has given allotment letters to the 35 flat owners regarding parking slots. The builder did not give any documents related to the parking slots allotment to the society committee. My question is

Does the builder have right to sell and distribute the parking slots? Does society can cancel the parking allotement which was distributed by the builder?

Regards
Sunil J

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2 Replies

P. Venu (Advocate) 13 April 2018

The builder had no such rights. However, the Societ cannot unilaterally undo allotment.

Kishor Mehta (CEO) 13 April 2018

The builder has no right to sell or allot stilt or open parking spaces in the building of a registered Co-operative housing Society, the right of allotment of stilt and open parking spaces vests with the managing committee of the Society. If someone has paid the builder for such allotment, for parking spaces, then their moneys are wasted, they have no legal right to claim parking spaces allotted by the buiider There are several judgments of Hon. Bombay High Court and Hon. Supreme Court to the effect.

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