Structural bottleneck parking due to newly bought vehicles
gk
(Querist) 05 September 2026
This query is : Open
Respected Experts,
Pranam!
Seeking your brief guidance on a parking bottleneck issue in a KRERA-registered apartment complex (Kerala, OC received October 2022, built under KMBR 1999).
Key Facts:
• The Setup: 40 flats. Sale Deeds vaguely state parking is "as marked in the designated place with the flat number," without specifying individual square meters. Actual slot sizes vary wildly from 7 sq. mtrs to 18 sq. mtrs.
• The Problem: Multiple owners in the basement have upgraded to large SUVs (Fortuner/Innova). When parked, they completely block the driveways. Consequently, 6 vehicles in that row and 4 vehicles opposite are physically trapped and cannot reverse or turn. At least 7 more owners are upgrading to larger cars this year.
• Complication: The builder also sold 7 extra parking slots to some owners, further cramping the basement - I mean there are owners with multiple car parking slots.
• The Dilemma: Most residents are senior citizens. Beyond the physical parking issue itself, they are highly stressed about the prospect of entering into active legal friction, personal arguments, or tense confrontations to resolve this. They simply want a peaceful retirement.
Seeking your brief perspective on:
1. Can the Apartments Owners Association (AOA) legally challenge the builder (via KRERA/Consumer Court) for allocating unmanageable, substandard slots (as low as 7 sq. mtrs)?
2. Is the builder's sale of "extra" parking slots legally valid, or can the AOA reclaim that space for common turning areas?
3. Does an AOA have the right to regulate vehicle sizes in narrow rows to protect the common "Right of Way"?
Any brief pointers or relevant directions would be highly appreciated.
Thanking you,
Yours faithfully,
gk
