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open to sky parking

(Querist) 07 April 2008 This query is : Resolved 
i want to know the position of law on the above issue & case law which forbid builder to sell open to sky parking. Whether society can prevent member to have open parking if he takes a stand that he will not buy from builder as the builder is not legally permitted to sell open to sky parking.Whether society can make law by which those members who by ignorance have paid for such parking&have taken more then one parking be charged rs100/ &those who refused to pay to builder be charged rs1000/pmfor single parking.Whether such resolution are permissible or are there remedy to challenge.
Prakash Yedhula (Expert) 02 June 2008

even as the debate continues on whether the sale of car parking area is legal, developers and housing co-operative societies are striking it rich by way of sale of parking lots. Under the law (applicable in Mumbai; other states have similar laws), only the sale of closed parking spaces that is, garages is permissible. The other three types of parking spaces — semi-closed, open and on stilts cannot be sold. Wherever it’s being sold, it has to be a part of the flat there can’t be a separate sale of parking space unless specifically cleared by the respective authority while clearing the plan.
Srinivas.B.S.S.T (Expert) 17 June 2008
Parking space has been decided as a part and parcel to be received along with the flat. THe builder can sell the parking space only to the flat owner but not to outsiders of the building. If as is in your case, the buyers of the falts with respective parking lots dont have the mention of parking space in their sale deeds, then your society can charge the some as mentioned by you as maintenance fee by making a resolution. for further details contact me at

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