Society can allot car parking slots to members and recover parking charges as per resolution passed in AGM
you would not be allowed free parking slot
Parking space in Co-op Housing Society In Mumbai
Hello, this is regarding parking space inside CHS premises. Back in 2015, we purchased a flat in Goregaon West in Mumbai. The flat was owned by a regular investor of the developer (but property registration had not been completed). At that time, we were communicated by the developer that the property does not come with a parking. However, the CHS at that time was planning on selling society owned parking spaces - so we went ahead with the purchase. However, the plans were later cancelled by the society because the managing committee at that time realized that they were not allowed to sell parking spaces. Instead, the society decided to rent the society owned parking spaces at about INR 3000 per month. We have now been renting a space from the society at this cost for about 4 years now. My recent research on this issues seems to indicate that society has to ensure that each flat has to have at least one parking and that the society cannot be charging for this space. In our society there are 100 flats and there are many flats with parking spaces ranging from 2 spaces to 5 spaces. I wanted to check if legally I am allowed to claim one parking space permanently without charges. Society currently controls and owns 12 spaces other than the ones already allocated to flats. Thank you
Asked 3 years ago in Property Law
Religion: Hindu
7 Answers
If the leads of your research are true not only you will get parking space, you will also get the refund of rent paid of society with interest. But leads of your research has to tested on the anvil of law and Rules.
Society is entitled to charge for the parking space
However that has to be at par with the charges collected from all buyers
Society cannot commercialise this thing and charge for the society allotted parking spaces at a rate higher than that charged for other car park spaces
Society is liable to allot car park spaces to all society members
If there are more members/flats than car park spaces then the allotment is done by lottery and rotation so that no member is deprived
However there is no such legal provision which says that society has to allot the parking space to the member free of costs
Dear Sir,
Unfortunately, the recent Bye-laws do not allow the CHS to sell parking spaces. As per Bye-law No. 84, every member who has been allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the general body of the society at its meeting irrespective of whether he actually parks his motor vehicle or not. Where a member has been allotted more than on stilt/parking space, he shall pay parking charges in respect of every such stilt or parking space.
Thank you.
You can claim for parking space but the charges will be nominal parking charges. Society can't rent the space but it can allot for parking of vehicles on availability but can't charge exorbitant charges. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
- As per Supreme Court, Builder has no right to sell parking to apartment-owners, including stilt parking or garages; .the car parking is a part of the society's common area
- Further, a builder has no right to sell stilt parking or open parking, both of which are part of common amenities. , and only the housing society's general body could make the allotment of space to flat occupiers.
- After forming the society and registered , it becomes the owner of all the common spaces of the apartment complex including the parking spots, and society can make new rule for allotting the parking to its members.
- Further, if there are limited numbers of parking spots, then the managing committee decides the basis of the distribution in consultation with the members
- Further, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting.
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.
So, if there are a limited number of parking spots, then the managing committee decides the basis of the distribution in consultation with the members.
Some take the first come, first serve route and often perform quarterly reshuffles of parking spots to ensure no resident enjoys exclusivity.
At times, if this is not practiced then the residents claim ownership of the parking spot.
When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, every member who has allotted the stilt or the parking space shall be required to pay the parking charges at such rate as may be decided by the General body of the Society at its meeting, irrespective of the fact whether he actually parks his motor vehicle or not.
The Society can recover different rates for different types of vehicles.”
Parking space number is decided on 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.
This can happen when a resolution is passed in the General Body Meeting to do so.
