Parking policy

Querist : Anonymous (Querist) 15 May 2023 This query is : Resolved
In our society in Mumbai, the builder has sold both open and stilt parking spaces to flat buyers. However, after the formation of the society, parking spaces have not been reallotted, and the builder's purchased parking policy continues to be enforced. Society members are allowed to rent or sell their open spaces, and some members have purchased more than two parking slots, profiting from members with genuine parking needs. The society currently does not have any bylaws in place regarding parking. Recently, the society started charging one lakh rupees to members who require parking, even if the available space is in another wing that is not easily accessible by road. I have explained the Supreme Court judgment of 2010 and the Maharashtra Ownership of Flats Act (MOFA) rules regarding parking, but the office bearers argue that members have already paid a substantial amount to the builder, and therefore, the parking policy cannot be changed now. The builder has not mentioned the allotment of open spaces in the agreement; only the amount for stilt spaces is specified. The society is relying on a Rs10,000 receipt provided by the builder to flat buyers for open spaces parking. As a new member of the society, I urgently require parking and need guidance on how to handle this situation appropriately.

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In Mumbai, a society faces issues with its builder's parking policy, where purchased open and stilt spaces haven't been reallotted post-society formation. Members are profiting by renting/selling spaces, while new members face hefty charges for parking. Despite legal guidance on MOFA and Supreme Court rulings, society office bearers resist change, citing initial payments to the builder. This situation leaves new members struggling for essential parking.

Sudhir Kumar, Advocate (Expert) 16 May 2023
does societies MOU allow society to sell land in society?

T. Kalaiselvan, Advocate (Expert) 16 May 2023
If the society is a registered body then you can file a complaint before the registrar of cooperative society and ask for its intervention and remedy for this menace.
Alternately you can approach high court with a writ petition after exhausting the remedies with the society, and the registrar for a relief.

kavksatyanarayana (Expert) 16 May 2023
Yes. Follow the advice of the prudent expert Sri T. Kalaiselven sir.

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