Need to go through the agreement first.
Car parking - apartments
Hello Sir, I live in an apartment consisting of 105 houses divided into four blocks.Each block has been allotted with common car parking space wherein one car parking slot is reserved for each house.For most of the residents the car parking has permanent roofing (cemented).But for five of us,As cars couldn't be accommodated in the cellar we were allotted spaces with temporary roofing with asbestos sheds in the ground floor.I also have been allotted one such car parking space wherein I park my car.Its been 12 years since I'm staying in this apartments and the asbestos roof provided for my car space is totally devastated.Its leaking and in an deteriorated condition.Sir,when I approached the association authorities for its replacement and repair,they are refusing to do so saying that It is owner's lookout and It will not be taken up from the common maintenance funds.Common maintenance is being collected from each resident on a monthly basis.When the car parking was allotted by the builder,It was on each and everyone's individual approach and I paid the same amount as others.At the time of alottment of the car parking slot,I was out of station and My wife was there and she could not decide the difference between the cellar permanent roofing and temporary asbestos shed roofing.So she thought what difference will it make?Likewise 5 to 6 people/residents were allotted with asbestos car sheds (temporary).When there is any leakage problem,seepage problem above the car parking slots,the repairs and maintenance work is taken up using the common maintenance funds for the ceiling above the car parking.But after 12 long years,my car parking shed is in a depilated condition which could just fall off due to rains,bird droppings and damage my car.When I brought up this issue in one of the association meetings,The members refused saying that It is not in the common maintenance purview and I have to get it done on my own with my own expenditure.Sir guide me regarding this issue and put to light necessary rules for my further action please.
Asked 8 years ago in Civil Law
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13 Answers
what is the terms of sale deed/ sale agreement
1. The bye laws of the sciety needs to be seen to check whetehr the costs of maintenance is be borne by the individual flat owners and society.
2. In most cases it is the duty of the flat owners to repair the parking space from his own pocket.
3.However in your case lot of flat owners use a common space in which event the society should bear the cost from its fund for common expenses.
With regard to my previous question about car parking: There was no specific mention of anything in the sale deed or sale agreement.the type of car parking like temporary shelter or cemented roofing, rate, etc.,It was like one and the same for all of us.Apart from the cost of the flat,we were made to pay common charges for lift,play area,car parking,shuttle court etc., in one lumpsum which was one and the same irrespective of the size of the flats we purchased.We have not signed any specific/seperate agreement .It was a common purchase procedure from a reputed builder from Hyderabad.
Asked 8 years ago
Association is bound to repair your asbestos roof
2) if it fails to do so issue legal notice to association in this regard
3) file complaint against association before consumer forum and seek orders to direct association to repair your roof
4) seek litigation costs and compensation for mental torture undergone by you
Issue legal notice to association to carry out repairs
Then, it must be specified there as to whom the responsibility of maintaining the car parking, and if not then we can go before the court for the breach of contract as no where been mentioned about the person or authority to take care of the maintenance of car parking.
As we have paid money for what purpose then.
Through what document, it is decided to repair other parking from common maintenance, Builder buyer agreement ? Well all five can seek court permanent injunction in this regard to get repair rights from common maintenance on the ground that repair and other maintenance of all the parking agreed to be done from common maintenance and you r continuously paying in contribution/chargers to same , hence , illegally denied to us .
Hello,
It is advised that in your case the association is bound to get the roof repaired, this is your right which may not be parted away.
Issue them a legal notice. If they fail to correspond, file a case in the consumer forum thereupon claiming litigation cost alongwith damages for mental harassment.
Regards
They are bound to get it repaired in inasmuch as parking in a group housing project is regarded as a common space/amenity.
You do now own this space, which needles to say is a part of the common stock that has been earmarked for you to park your vehicle.
Send a legal notice and if the needful is not done, approach the consumer forum.
Send a legal notice and if the needful is not done, approach the consumer forum.
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas.
Once the housing society is registered, it becomes the owner of all the common spaces of the apartment complex including the parking spots.
Parking spaces are common spaces which belong to the housing society.
The Managing Committee is responsible for the maintenance of the parking space. Its upkeep and safety of the vehicles has to be ensured by the managing committee members. They also have to provide common area lights and security for the members and the vehicles.
You can take up this issue wit the society by a written communication, await their reply, based on their refusal, you may plan to initiate legal course of action as per law.
With regard to my previous question about car parking: There was no specific mention of anything in the sale deed or sale agreement.the type of car parking like temporary shelter or cemented roofing, rate, etc.,It was like one and the same for all of us.Apart from the cost of the flat,we were made to pay common charges for lift,play area,car parking,shuttle court etc., in one lumpsum which was one and the same irrespective of the size of the flats we purchased.We have not signed any specific/seperate agreement .It was a common purchase procedure from a reputed builder from Hyderabad.
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
The apartment complex “Solely” owns the common spaces (Stilt or Open)
Parking spaces are common spaces which belong to the housing society
The Managing Committee is responsible for the maintenance of the parking space. Its upkeep and safety of the vehicles has to be ensured by the managing committee members. They also have to provide common area lights and security for the members and the vehicles.
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.