Apply to society for parking slot
since number of slots are lesser than number of flats it would be fine by drawing of lots
Parking slots in a redeveloped building
Our Building in Mumbai went for redeveloped. We had 13 original owners in the old building and we now have 24 owners in the new building (11 new members) . the developer has 16 parking slots. 11 parking slots have been given to the new owners along with each of the flats. The balance 5 slots (open parking) are available for 13 owners. Out of the 5 slots, 3 members have cars. But since the 3 members never had access to parking in the old building (they used to park illegally and no one said anything), they are now claiming for confirmed parking slots in the new building. I purchased a 3-bedroom flat in the new building and don't own a car, but I want a parking slot as I plan to sell the flat and for a 3-bedroom flat, it makes sense to sell it with a parking slot. How can I get access to a confirmed parking spot with our society?
Asked 3 months ago in Property Law
Religion: Christian
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6 Answers
If you were allotted with a car parking space then you can go ahead with selling it but if there was no parking space allotted to you then you may have to get one allotted and then decide about selling your flat.
The parking area comes under common area under the control of society hence even if allotted you may not be able to sell the car parking space legally along with your flat.
Dear Client,
In your case, where the redevelopment has left you with fewer slots for parking, the choice of who gets those slots should really be governed by the terms of the redevelopment agreement or as under the rules put in place by the housing society, as per the Maharashtra Ownership Flats Act, 1963 and the Maharashtra Apartment Ownership Act, 1970. Here, the developer has allotted parking slots to new members; however, the remaining slots have to be shared fairly among the original owners.
Since you do not own a car currently but wish to have a parking slot for future sale purposes, you can seek out the society and request it to allot you a parking slot. The society has all the rights when first established to allot the parking slots fairly and in a clear manner, normally either through a lottery system or even an equal distribution. You can ask for the society to use some criteria, such as considering your ownership of a 3-bedroom flat and applying it in order to allocate a parking slot appropriately, or whatever other equitable method may apply.
If such a fair solution is not provided then, you can raise a dispute with the Cooperative Court or under relevant provisions of MOFA so that proper demand allocation will be made. However, any allocations have to be in accordance with the society's decision, and the allocations have to be according to the rules and regulations fixed by the managing committee of the society.
Thank you. Hope this answers your query.
- If you was having parking slot earlier , then the builder is bound to give your a parking slot , whether you have a car or not
- However, legally the builder has no right to sell the parking slot to the new owner , as the parking slot come under the common area
- Further, after formation of the society , the parking slot will come under its supervision ,and the society will decide how the parking space will be allotted to the members.
You can ask a parking slot as a matter of right to sell. Only if you have bought a parking slot through rera rules then you can sell it
i would like to know what type of parking was developed by the builder
whether it is open to sky or covered parking or stilt parking or mechanised or garages?
