OPEN PARKING

You are well protected and no fresh term can be got applicable upon you. Obtain stay order against their intesion of making open auction/lottery.

Vinod'bhai,

1.  Open space  in a CHS  cannot belong to the member,  even if the builder has sold or alloted to the member.  It cannot be reflected in the Flat sale agreement and if it is reflected in the flat sale agreement,  then it is  "illegal & unauthorised".

2.  Open space in a CHS, belongs to the CHS and not to its members,  unless it is a covered parking area or a garage area, that is approved in the building Layout plan.   If it is approved in the building layout plan,  ONLY THEN the builder has a right of selling it and the owner has exclusive right over such parking area.  OTHERWISE ON OTHER OPEN SPACES OR OPEN PARKING SPACES THE MEMBER OR THE BUILDER HAS NO RIGHTS WHATSOEVER.  After CHS registration and conveyance of society plot,  ALL RIGHTS VESTS ONLY WITH THE  CHS to allot parking spaces to its own members, on first come first serve basis.

3.  Parking space is as defined space in the "Building Proposal" approved plan (and not proposed plan), which is available with the EBPP dept. of the BMC.    Parking space is defined as : Open space in the Society Compound or specially approved covered parking spaces / garages.    Parking Space inside or under the  "STILT" area of the building is  "ILLEGAL & UNAUTHORISED".  It is "Violation" of the MMC Act (BMC) and the "Fire Brigade" rules and regulations.    Stilt area (inside or under the building pillar area) is  "COMPULSORY OPEN SPACE" as mandatory under the MMC Act. 

4.  The Pre-ownership parking space does not attract  "membership share certificate number"   OR  membership voting rights, hence is outside the perview of the Society member rights.  ONLY   BMC plan approved  "Open parking spaces"  CAN be alloted to members on First come First alloted basis and not on other terms (lucky draw system or auction system etc... is illegal)

5.  If the builder has NOT passed on the "Conveyance" of the property to the Society,  all rights pertaining to parking space,  of the society stand nullified.  Society cannot allot or sell parking space, if the property belongs to the builder or somebody else.  It would be illegal and the provisions of the MCS Act would not apply.

Hence, by the above logic,  the member do not have ANY RIGHTS WHATSOEVER, over the open & common spaces in the society premises,  even if has been alloted by the builder, subject to what is explained above.

Keep Smiling .... Hemant Agarwal
 

I fully agree with Mr.Hemant agrawal