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B Anil Suresh (Employed)     30 August 2020

Car parking - exclusive use - who should maintain ?

Parking - Our Developer has allotted parking space to use by mentioning it as " For Exclusive Use" and its mentioned in apartment deed. Few Parkings have Cement block flooring, concrete flooring, some are covered by Common Slab of concrete and in few cases Builder covered it with Teen / plastic sheets as a roof and allocated as covered parking. In case of " Exclusive Use" clause, who is responsible for maintaining the floor and the roof ? Owner or the society as a common area ? This part is not defined by developer in any document.


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     30 August 2020

Hello,

It is socienty's responsibility to maintain common area even if parking is alloted to you by builder.

B Anil Suresh (Employed)     30 August 2020

Thanks Adv Shirish. Does this mean even if its mentioned as ' For Exclusive use ' its considered as ' common area ' ?  Developer has defined common areas separately and no mention of parking space in that. 

Dr J C Vashista (Advocate)     31 August 2020

Maintenance of common area is the responsibility of RWA / Managing Committee (if it is a cooperative society)

Kishor Mehta (CEO)     31 August 2020

In a registered co-op. Housing society, the builder can not either sell or allot car parking spaces, that is the sole prerogative of the society to allot car parking spaces as per the CHS rules and Bye-laws. 


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