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(Querist) 10 November 2017 This query is : Resolved 
I live in Pune. Agreements for all the flats in our society was done in 2015-2016. Builder has sold parking spaces to 16 members. 4 members are without any parking space. I have below questions:
1. As per the articles I have read on internet, builders were not supposed to sell parking spaces at the time we had our registrations done (I am not sure whether the members who have purchased the parking from the builder have anything mentioned in the agreement regarding this.). So are the allotments done by the builder void?
2. The society now claims that there is not enough space in the premises to give any parking to the remaining 4 members. However, some members who have purchased the parking have empty spaces with them. The society has laid down the rule that members who do not have parking space will have to park their vehicles in the parking space of the owners and pay them rent. Is this legal? Can the society lay down any such rule?
3. How can I challenge the right to park the vehicle in the society premises?
Hemant Agarwal (Expert) 10 November 2017
1. LEGALLY, Builder "cannot" Sell Parking Slots .AND. Flat Owners "cannot" Buy Parking Slots, to the exception of FSI consumed Parking Garages,

2. Society "cannot" arrange anything called as "rent" for parking slots, between itself or between Flat-Owners.

3. Subject to approval of the General Body, Society can levy pre-decided "parking charges" to its members.

4. All Parking spaces /rights are vested with the Society, and Flat-Owners cannot exercise any absolute right over "any" parking spaces.

Keep Smiling .... Hemant Agarwal
Rajendra K Goyal (Expert) 11 November 2017
Well advised, agree with the expert Hemant Agarwal.

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