Housing society parking issues
Uday
(Querist) 19 July 2016
This query is : Resolved
This is from Pune(pimpri Chinchwad corp)
Our society is of 300 members and having 220 parking space as per approved plan.(Shortage of 70).
Builder has already allotted all of these approved parking spaces.
Society has identified and marked additional 30 parking’s from the available open space.
Now society is planning to allot these 30 parking spaces to the interested members who are not having parking space by charging 12K per annum. Resolution already passed in SGM.
Queries:
1) Parking space in approved plan is part of society “common space & facilities" or not?
2) Maintenance charges paid by every member also includes maintenance of these parking spaces?
In our society maintenance charges are same for every member.
3) Can society ask parking charges only from these 30 members OR as per bye-laws Every member shall pay the parking charges for the parking slots allotted to him at such rate as decided by the general body meeting.
4) Can society cancel the previous allotment and redo on lot system and rotational basis.
If Yes than by which point from the by-laws or is there any court Judgement.
To my understanding member with no parking allotment is paying maintenance for the parking space which used by other members.
Actually all members having allotted parking space should pay more.
DR.VEDULA GOPINATH
(Expert) 20 July 2016
Your query appear to me to be very interesting.
1. All common facilities after completion of constructions shall vests with the independent residents society who will administer and manage the residential complex by an independent body of committee members as also the bye-laws.
2. In the present case, the common facility of the complex belong to the registered society.
3. The society is free to make allotment as per the bylaws and as per the equity and justifiable principles without any favor or irregularity or nepotism or ill-will.
4. Maintenance charges are payable by all memebrs as per the rules and expenses of the society.
5. The thirty members who were not owning parking space at the time of entry and ownership of the flat are now given the additional facility.
6. The thirty flat owners (enjoying the additional facility of having parking place which they have not taken at the time of purchase and registration of the flat) are liable to make extra and additional payment over and above the regular maintenance charges.
7. The society is right on billing the additional maintenance or rental charges either per month or p.a from the thirty flat owners.If they do not pay extra maintenance charges, the society can take the garage place and allot to others interested. Let the non-payers park their vehicles on the public roads and not inside the residential complex since they do not have ownership rights or permission to utilize the garage space.
8. If you want further expert opinion from me, please send me copies of legal documents .
cs dr vedula gopinath advocate/arbitrator
vgnath@gmail.com skype indiancorplawyer
Rajendra K Goyal
(Expert) 22 July 2016
Full case and documents need to be referred, discuss with your lawyer.
Uday
(Querist) 22 July 2016
Sir,
Thanks for your response by taking time out for my query.
I agree with your views that society is now giving me the additional facility as my agreement mentions NIL parking space and in amenities & common space schedule also agreement has not mentioned parking space.
But referring to supreme court judgement in the case of Panchali co-op society Vs Nahalchand Laloochand Pvt Ltd.
Parking space cannot be sold as it is not part of FSI and the same has to be extended as common areas and facilities for the owners.
Below is the draft i have which is taken from the public domain.
"The Supreme Court has ruled that builders/promoters cannot sell parking areas as independent units or flats as the same is to be extended as common areas and facilities for the owners.A bench of Justices R M Lodha and A K Patnaik in a judgment rejected the argument of a real estate development company that they are entitled to sell garages/stilt parking areas as separate flats to owners who intend to use it as parking facilities.
If a promoter does not fully disclose the common areas and facilities,he does so at his own peril.Stilt parking spaces would not cease to be part of common areas and facilities merely because the promoter has not described the same as such in the advertisement and agreement with the flat purchaser.The promoter has no right to sell any portion of such building which is not a flat within the meaning of Section 2(A-1 ) and the entire land and building has to be conveyed to the organization.The only right that remains with the promoter is to sell unsold flats.
It is,thus,clear that the promoter has no right to sell stilt parking spaces as these are neither flats nor apartments or attachment to a flat, Justice Lodha writing the judgment said.
The SC passed the judgment while dismissing the appeal of the promoter,Nahalchand Laloochand Pvt Ltd,challenging the Bombay high courts ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage.The apex court accepted the argument of the flat owners of Panchali Co-operative Society in Dahisar (E) that even if they had entered into any prior agreement or contract with the builder that they would not lay any claim on the parking areas,the same would not have any legal sanctity.
It brushed aside the claim of the promoter that by treating open/stilt parking space as part of common areas,every flat purchaser will have to bear proportionate cost for the same although he may not be interested in such parking space at all.
As a matter of fact,so far as the promoter is concerned,he is not put to any prejudice financially by treating open parking space/stilt parking space as part of common areas since he is entitled to charge a price for the common areas and facilities from each flat purchaser in proportion to the carpet area of the flat, the apex court said."
Hemant Agarwal
(Expert) 15 August 2016
1. Parking spaces CANNOT be Sold or Purchased. It would be a criminal offence under the MH laws. All earlier purchased parking spaces and allotments by builder become legally null & void.
2. In a registered Society parking spaces needs to be allotted to members on rotational basis covering all members. Further parking charges shall remain static for all members on the concept of mutuality and equality, without any further variances and/or references.
Keep Smiling .... Hemant Agarwal
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