Structural bottleneck parking due to newly bought vehicles

gk (Querist) 05 September 2026 This query is : Resolved
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

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Quick Summary

Residents in a Kerala apartment complex are facing a parking crisis as large SUVs, bought by owners, are blocking driveways in the basement parking. The sale deeds vaguely define parking spots, and actual slot sizes vary significantly, with some as small as 7 sq. mtrs, which is below the statutory minimum. The builder also sold extra parking slots, exacerbating the issue. Residents are seeking guidance on whether the Apartment Owners Association can legally challenge the builder for providing substandard slots and reclaim space used for extra parking, and if they can regulate vehicle sizes to ensure common access.

T. Kalaiselvan, Advocate (Expert) 06 September 2026
Under Rule 34 of the Kerala Municipality Building Rules (KMBR) 1999, a single standard off-street car parking unit must have a minimum area of 15 sq. metres (5.5m × 2.7m), strictly excluding drives, aisles, and maneuvering spaces. Allocating slots as small as 7 sq. metres is a direct statutory violation.
Delivering substandard, non-functional slots that fail to accommodate regular passenger vehicles constitutes a deficiency of service under the Consumer Protection Act, 2019, and a breach of common area standards under RERA Section 14.
Recommended Forum:
KRERA (Kerala Real Estate Regulatory Authority): Ideal for statutory non-compliance, deviation from approved plans, and failure to hand over functional common areas.
Consumer Commission: Effective for monetary compensation for deficiency in service and unfair trade practices.
Under the Kerala Apartment Ownership Act, every apartment owner has an undivided interest in common areas but cannot exercise that right to restrict or infringe upon another owner's reasonable access or right of way.
The AOA General Body can pass internal operational by-laws:
Restricting oversized vehicles (e.g., full-size SUVs) in constrained basement rows where turning radii are insufficient.
Mandating that owners whose vehicles exceed slot boundaries move to visitor bays or surface parking, or swap slots with consenting owners.

gk (Querist) 06 September 2026
Thank you very much Kalaiselvan Sir,
It's really a relief for us to know that we have legal rights to verify with the Municipality Authority as well as builder.

I wish to let you know that our AOA is registered under Societies Registration Act 1860 (Kerala) which has been recently replaced with Societies Registration Act 2025. In that case whether the Kerala Apartments Owners Act norms are applicable to us?
Thanking you,
Regards
🙏

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