Reserving stilt car parking is common are or not?
Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 CHAPTER I 2(k) defines “Reserved Car Park” means an enclosed or unenclosed, covered or open area which is sufficient in size to park vehicles and which may be provided in basements and/or stilt and/or podium and/or independent structure built for providing parking spaces and/or parking provided by mechanized parking arrangements and which is not a garage and CHAPTER I 8(4) state that Under the agreement for sale or construction agreement, the promoter is permitted to allocate exclusive right of usage of Reserved Car Park to the allottee and such right of exclusive usage shall form an indivisible part of the apartment and shall be transferable along with the apartment.
Tamil Nadu Real Estate (Regulation and Development) Rules, 2016 CHAPTER I 2(n) defines "common areas" as the common basements, terraces, parks, play areas, open parking areas and common storage spaces; (Here term 'open parking areas' included so seems stilt parking is not common area)
Tamil Nadu Apartment ownership act 1994 CHAPTER I 3(h) defines "common areas" as the basements, cellars, yards, gardens, parking areas and storage spaces; (Here general term 'parking areas' mentioned so seems stilt parking is not common area)
As per the Apartment ownership act , association claiming that stilt parking is common area and it has to be surrender by developer so that association may re allot the car parking later based on flat size to owners or 'first come first serve' manner.
As per RERA , developer is reserving stilt parking based on parking usage charges and claiming that reserving car parking is an indivisible part of the apartment (It means it can't be alter by association later)
Please clarify that reserved stilt car parking is a common area or not?