Parking laws in co op housing society

Querist : Anonymous (Querist) 07 September 2026 This query is : Resolved
I have 2 car parks, open & stilt bought from the builder in 1973. Society was formed in the year 1975. How the society wants to take away my open car park as I have only 1 car.Can they do that?

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This discussion addresses a resident's concern about their co-op housing society attempting to reallocate their owned open car park, despite having purchased it in 1973. The advice given suggests that the original purchase conditions, not subsequent society decisions, govern parking rights. It's recommended to review the society's bylaws and past AGM discussions for clarity on the matter.

kavksatyanarayana (Expert) 08 September 2026
What are the rules and terms of your society's bylaws? Did you not ask about your problem in the AGM of the society?

K Rajasekharan (Expert) 10 September 2026
That action is governed by the purchase conditions applicable at the time of your original purchase which cannot be altered arbitrarily by the society by a new decision.

T. Kalaiselvan, Advocate (Expert) 11 September 2026
It is a fifty year old issue, seems to be a hypothetical or academic query.
However you may please be informed that under the landmark Supreme Court judgment (Nahalchand Laloochand Pvt. Ltd. v. Panchali CHS, 2010), builders have no legal right to sell open or stilt parking spaces as independent units. Parking areas are classified as common amenities that automatically vest with the Co-operative Housing Society upon its formation.
The Managing Committee/General Body is mandated to ensure that every flat owner gets at least 1 parking space before anyone is allotted a second space.
Since you currently own 1 vehicle and occupy 2 parking spots (1 stilt + 1 open), the society is legally within its rights to revoke or reclaim the additional/unutilized open parking slot to accommodate another member who currently has zero parking spaces.

P. Venu (Expert) 12 September 2026
"... wants to take away...."! Has the AGM passed a resolution to this effect and you have been duly communicated? If so, what exactly is the reason/ground relied upon?

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