Parking space issue
SAA_Bombay
(Querist) 21 September 2016
This query is : Resolved
Sir / Madam,
I have purchased the flat in redeveloped building. The developer made two bldg called as wing A & B. Now, he has sale the open space of bldg to new bldg (B) members & have informed nothing to existing society. new members park their car in society & do not allow any other member to park their car in that space. thy argue that space is purchased by them frm developer. they fail to show any evidential documents for same. In redevelopment agreement which is registered it mentions that developer is authorised to only allot prkg space to new members. now its 5 yrs & developer has already moved out. wing B members have not become member of society yet & thy don't even bother for.
1. what we can do as a member or society for this?
2. Can we send notice to new members under consumer grievances?
3. how can we pressure new members to become member of socty.
Raj Kumar Makkad
(Expert) 22 September 2016
The parking slots cannot be sold by builder and if has done, the same is an illegal act and such sale can be got set aside. It shall be better to file a civil suit against such builder and get the sale-deed set aside and thereafter allot the spaces as per your own rules.
Kishor Mehta
(Expert) 22 September 2016
Sir,
[1] Please understand that the society ONLY can allot stilt/open parking space as per applicable rules under the Maharashtra Bye-Laws of CHS.
[2] Each and every flat holder is legally bound to apply and become a member of the society if he wants a flat to be allotted to him/her.
[3] A person whose name is not included in the society register of members has no right to own and reside in a society building.
[4] You can request the Dy.Registrar of CHS of your area to take immediate legal steps against the non-members occupying the society flats and evacuate them.
Good Luck,
Kishor Mehta
Rajendra K Goyal
(Expert) 22 September 2016
Expert Kishor Mehta has advised well, the author can be benefited.
parking space is to be allotted by the society.
If the builder has sold out open space against the approved plan, the action need to be challenged at appropriate legal forum.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 23 September 2016
Every member has a right to have parking in ope space. Unfortunately your agreement contains exclusion of parking to existing old building.Nevertheless, u still insist for or approach Consumer Court
Hemant Agarwal
(Expert) 24 September 2016
INTROSPECT ON THIS (to clear misconceptions):
1. Society has signed Redevelopment Agreement with builder, THUS delegating irrevocable rights to builder to construct additional building and sell the sale-component flats, which also includes all appurtenances, attached to the Plot of Land.
2. Flat-Owners, are NOT "service providers" to the Society or other Society members. HENCE no consumer court matter is applicable against them.
3. A "bonafide "Flat-Owner" is legally entitled to stay in the Society, "irrespective of being a member or not being a member" AND any restraining or restricting would be become Criminally prosecutable, against all the members of the Society.
4. Under the MCS Act, it is NOT mandatory for Flat-Owners to become "members" of the Society. Membership is always open and optional and voluntary. THUS the Flat-Owners CANNOT be forced to become members of the Society, under any circumstances, in any manner AND NEITHER, any authority has the jurisdiction to direct anybody to become members of any Society.
5. BUT a existing membership can be lawfully revoked by the Authority, without having ANY disastrous effect on the Flat-Owner or the services that is provided to him.
6. PARKING: New Flat-Owners CANNOT dislodged from their parking slots. Subject to certain twisted parameters, the Civil Courts can be invoked.
Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com
Kishor Mehta
(Expert) 24 September 2016
Sir,
As the legislation stands, once the society is registered, under the Maharashtra Tenants' co-partnership housing society, the society is the owner of the property and the members are allotted flats by virtue of them being members of the society. Under this legislation the members do not, REPEAT DO NOT, own the respective flats allotted to them.
Incidentally the conveyance to the property is always executed in the favour of the society in a Maharashtra Tenants' co-partnership housing society.
Good Luck,
Kishor Mehta
Raj Kumar Makkad
(Expert) 25 September 2016
A Bench of Justices R M Lodha and A K Patnaik in a judgement 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.
...
"The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right 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 flat nor appurtenant or attachment to a flat, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage.
Rajendra K Goyal
(Expert) 27 September 2016
Expert raj kumar makkad has quoted the related decision well, the author can be benefited.
SAA_Bombay
(Querist) 12 December 2016
Sir,
With my above query it has come to my knowledge recently that developer has signed individual agreement with pre owner of my flat which mentions that developer will be allowed only to alot parking space to occupants of salable component & even it will be duty of developer to ask new occupants to become member of society with in 60 days of purchase of flat. We are trying to get copy this agreement. As advised, we have wrote letter to Dy.Registrar of Society but we have not received any revert from them yet.
Rajendra K Goyal
(Expert) 12 December 2016
Show all documents to local lawyer and discuss in detail.
