I have purchased a 2 Bhk flat in a township which is developed by a joint venture of land owner and a builder in Bhopal. firstly the builder was not allotting the parking but after confrontation he has started to allot parking. the planning of the apartment is as such that after the allotment there is situation where one has to park the car one behind the other with no space to maneuver and also there are few spaces where only one car can get parked. the builder has left those spaces unallotted. residents have asked the builder to allot those few spaces first which has capacity of parking one single car on first cum first serve basis and then allot the other available spaces but the builder has said that these few spaces is of land owner which is given to him in a division under agreement between builder and land owner. what can be done in this situation..
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1)you cannot claim parking slot which fall under land owner share
2) as and when common society is formed and conveyance execute in favour of society then the society can allot car parking slots
3) parking slots form part of common areas for benefit of all members
can builder and land owner get into such an agreement of distribution of parking as and when they want to do or this has to be the part of joint venture agreement. secondly do they have to submit the same to the regulatory authority or not. thirdly can we constitute a RWA at this time when the campus is not complete to tackle such problems or the other in future..
the development agreement/ supplementary agreement between builder and land owner would contain reference to share of builder and land owner in constructed space .
2) generally land owner takes around 60 %constructed area and builder 40%
3) it would also contain details about parking slots falling in landowner share and builder share
4) agreement has to be submitted to regulatory authority
5) wait for OC to be issued society to be formed by the builder then form your RWA
1. It is not clear whether the parking space is provided as per the sanctioned building plan.
2. If yes then the complaint lies to Municipality, more so, if there is not enough space to park car comfortably.
3. Otherwise file case in consumer forum seeking allotment of more space to park car comfortably and dames also.
4. There is no hindrance to form RWA now to manage your own affairs and file the case in consumer forum on behalf of all flat owners.
Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
So, if there are limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members. Some take the first come, first serve route.
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.
can builder and land owner get into such an agreement of distribution of parking as and when they want to do or this has to be the part of joint venture agreement. secondly do they have to submit the same to the regulatory authority or not. thirdly can we constitute a RWA at this time when the campus is not complete to tackle such problems or the other in future..
The RWA is the actual owner of the parking space in the apartment complex. You have to constitute one and gt it registered to solve not only this parking space problem but for all other problems within the complex of the apartments.
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Registered members include family members and associate members
Parking space number is decided basis the Lay-Out Plan (LOP) as approved by the civic body (BMC). It is also under the Development Control Rules and under the Fire Act rules. The managing committee has to adhere to these and basis that allot parking spaces.
1. The builder and land owner can certainly enter into an agreement of the nature mentioned by you. However, any such agreement between them has to precede the execution of the agreement between the builder and buyers. Once the agreement to sell is executed between the builder and prospective buyers any such agreement between the builder and landowner is illegal.
2. The buyers can sue the builder in the consumer forum.
