Dear Sir/Madam We are the Management committee of housing complex based in Bangalore Karnataka. Our Builders have allocated 126 Parking slots in basement for owners. Now , some owners have approached us to allocate more parking space due to purchase of new vehicles. We have identified some area in basement which can be utilized as Parking space and the Management committee has decided to levy charges to generate revenue as we are falling short of expenditures as maintenance dues are not sufficient to meet the requirement. As per our understanding , Even if the builder has not specified the area as common area , it virtually become a common area by nature and Management committee is right in letting the area to use for a fixed period . We require your legal view on this subject matter. Regards Management Committee
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If these members are the ones who wish to have parking facility for an extra car, beyond their regular parking slot; it is well within the domain of the MC to charge an additional levy for the extra parking. This way you meet out no discrimination between the ones who have a single parking slot and the the ones who wish to have parking facility for an extra car, beyond their regular(single) parking slot.
After passing a resolution, this arrangement can be given effect to.
area in basement forms part of common area of the society
MC can allot car parking slots to flat owners on payment of charges
if an area is not specially mentioned for any purpose it shall be deemed as common area and society can utilise it for welfare of all. how to utilise it for all shall be decided by the welfare society. as per the doctrine of cypress society has power to decide best possible use for welfare of the habitants.
Parking space number is decided basis the Lay-Out Plan as approved by the civic body. 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.
I need refer the lay out plan to check whether it is legal to use common area for parking.
Dear Niranjan There is neither alteration of layout plan ( No civil or any other constructions ) nor any change in passage of Vehicle movements. We are intended to use the space in basement between two car parks with sufficient gap to allow movements and opening of car doors. This will be no long term leasing rather adhoc based arrangement for revenue generation . We are also not playing with any safety and Fire pipes . Plz suggest
You are free to allot car parking slots to augment your revenue
In any case basement form part of common area for benefit of all members
Ok! .
In the basement, If the space is not defined as 'Common area' Or for any 'specific use' then committee can utilize it as per the welfare of the flat residents.
FYI. If a common area allocated for parking space then logically it can not be called as 'common area' .
We are intended to use the space in basement between two car parks with sufficient gap to allow movements and opening of car doors.
if approved layout remains same then no need to take approval from any authority and society can pass a resolution in AGM and apply this rule for allotment of parking in existing parking space.
You're free to go ahead with this arrangement.
Hello,
It may be noted that area in basement forms part of common area of the society and therefore the MC can allot car parking slots to flat owners on payment of charges in order to generate revenue.
Regards
Parking spaces are common spaces which belong to the housing society.
Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.
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.
The typical parking charges are laid down by the general body.
They may range from Rs. 10 to Rs. 10,000 per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members.
Parking spaces are common areas and hence deposit cannot be collected even if it is passed in the General Body Meeting. MCS Rule 39 restricts these rights of society to raise funds.
There is neither alteration of layout plan ( No civil or any other constructions ) nor any change in passage of Vehicle movements. We are intended to use the space in basement between two car parks with sufficient gap to allow movements and opening of car doors. This will be no long term leasing rather adhoc based arrangement for revenue generation . We are also not playing with any safety and Fire pipes .
Actually the society has no rights to use the common areas for the purpose of parking, especially if the approved plan is silent about parking space in the common areas other than the area demarcated for parking of vehicle.
A society needs to mark and number the parking space available in society in its common area in a manner that does not inconvenience other members.
The society in its general body meeting amy pass a resolution for utilisation of certain common area for the purpose of parking the vehicle without making any alteration to any structure.
If the decision on such vital issues do not violate the bye laws, the society can move ahead.