I have purchased an apartment in 2010, since then builder was trying to sell the parking to us. i refused and said i will get the allotment from the society once its formed. The co-op hsg society when formed came up with resolution to collect 2lac & 3lac deposit for open and stilt parking. However society was unable to garner any funds through this parking allotment exercise. Infact just before the society formation there was a rush of society members who went to the builder to have additional parkings, some of them have 2-3 allotment of car parks and some of the members have not been allotted even one parking. Recently i applied for allotment of one car park as member, the society has not yet deposited my cheque of 2lacs. There is a possibility that they don't have any parking space available as most members have taken 2-3slots. No. of flats in the building 168units (including refuge flats) No. of parking slots 198slots (including open & stilt) and there is a scope to add more slots. Please reply with 1. Whether 2lac or 3lac deposit is correct 2. As a member of a society am i not eligible for even 1 car parking slot?
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1) every member of society is entitled to one car parking slot
2) since number of flats are 168 and number of slots 198 each flat owner can get one car parking slot
3) society can by resolution lay down guidelines for allotment of car parking slots from members including collection of deposit from members
Follow up question. I have issued the cheque on 20th August 2016 and till date the society is unable to deposit the cheque as they are not sure of the slot available. In case they fail to fulfil my requirement and give me some lousy reason. 1. What legal remedy do i have for a parking slot, under what section do i write a follow letter to the society cautioning them for legal course 2. Should i fight for stilt or open car parking slot. As my preference will always be Stilt parking however under given circumstances i'm ok with open car parking.
1. Seeking 2 lacs for a parking slot is usurious. It is pure extortion. Nobody should pay this. If 2 or 3 parking slots have been given to one member it shows arbitrariness in the allotment procedure which vitiates the entire procedure, which can be challenged in and set aside by the civil court.
2. You are eligible for 1 car parking slot as a member of the society.
wait for response from society
2) if society fails to allot you car parking slot file complaint before consumer forum and seek orders to direct company to allot you car parking slot
3) in the alternative file complaint before cooperative court against the society for failure to allot you car parking slot
1. Whether 2lac or 3lac deposit is correct
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.
2. As a member of a society am i not eligible for even 1 car parking slot?
As a member of society you're certainly eligible for car parking slot, you can demand the same legally.
1. What legal remedy do i have for a parking slot, under what section do i write a follow letter to the society cautioning them for legal course
You o not have to quote any section.
The bye laws of the society is very clear on this.
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 limited number of parking spots, than the managing committee decides the basis of the distribution in consultation with the members.
Allotment of Parking space is a “Administrative function” and the Managing Committee as well as General Body are empowered to allot the parking space to its own registered members
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
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.
2. Should i fight for stilt or open car parking slot. As my preference will always be Stilt parking however under given circumstances i'm ok with open car parking.
Open Parking – These are uncovered parking spots within the apartment complex premises.
Stilt Parking – These are partially covered parking spots on the ground floor of the apartment complex.
If there are limited number of parking spots, than 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 spot to ensure no resident enjoys exclusivity. At times, if this is not practiced then the residents claim ownership of the parking spot.