If it's a common areas and common parking then the same can be allotted to members and they can park
Parking for row houses
We are the society of 7 buildings, 3 storey each and 6 Row Houses. Since the society has all the rights with regards to the car parking areas, can the Row House owners park their vehicles in the society stilt and common parking? The gates of the Row House are not sufficiently large enough for a 4 wheeler to enter. Also there is not enough space to keep the 4 wheeler inside the Row House gate. Kindly advice. Mithun Pendurkar
Asked 3 years ago in Property Law
Religion: Hindu
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10 Answers
It is common society so you are entitled to allotment of car parking slot
if society refuses to do so file complaint against society before consumer forum and seek allotment of car parking slot
In any multiple building community such as yours, no owner/resident can claim any exclusive car-parking slot, as car-parking forms part of the 'common areas' meant for the benefit and enjoyment of all. The residents have to work out a gentlemanly agreement through their association for an amicable solution.
If you as a Row house owner and is a member of the society/association which is common for 3 storey building and the row houses, then you are eligible for car parking space as per the bylaws of the society.
The gates of the row houses are not wider enough to allow the 4 wheeler pass through then the society may permit the row house owners to use the other gate for entry of 4 wheeler vehicles.
This can be decided by the society in a general or extra meeting of the society and pass a resolution either to allow or to reject the application submitted by the row house owners in this regard.
If no consensus arrived then the aggrieved party may look for solution through legal sources as per law.
- As per rule , 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 slots, then the managing committee decides the basis of the distribution in consultation with the members
- Further, parking spaces are common spaces which belong to the housing society, and 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
- If the said 6 Row houses having common society management with the 7 building , then legally they can use the parking slots , otherwise no.
Dear client,
If parking has not been allotted to anyone in specific and if the gates of the row house are too small then you may park in the common parking as that area does not belong to anyone in specific.
Thank you.
Also, to mention this society is divided by a road passing through. One side of the road is 6 Row Houses and the other side of the road is 7 buildings sharing the same entrance & exit gate. However, this road belongs to the Municipal Corporation. So, consider that if we park our vehicles on this road, is it legal to levy parking charges by the society?
Asked 3 years ago
No society can't take parking charges for road it's not their land at all
If road belongs to muncipal corporation society cannot charge car parking charges
You say that the road is the property of the local municipality. In that case, the society cannot levy any parking charges for vehicles parked on that road. It will be illegal.
If the road is not coming under the association and it is marked as public road belong to the Municipality, then the association cannot levy any charges towards parking or maintenance, because they cannot be held responsible for not maintaining the same.
If they still go ahead with the levying of the parking charges, you may object to it for the same reason and make a complaint in this regard to the concerned local civic body about the collecting of charges illegally, to take action on this illegality or unlawful activity.