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Allotment of Open parking space
06-Jul-2023 (In Property Law)
Hi, i had bought an open parking space from another flat buyer in 2015 and had registered a notary agreement and no object certificate or allotment of the same in my name. My vehicle is being parked the parking number were changed in the name of my flat. Suddenly i come to know that the owner last month along with an agent sold the parking along with flat by stating him that parking was on rent. Mistake what the buyer did was never verified with society nor with me the owner as the number mentioned on parking is my flat number.Society is favoring me up and has denied further communication or issue of allotment to the new buyer. Society was formed10 yrs I have been living here since last 10 years and only 2 years back parking like this came up for sale.There is no official system of allotment on parking by society and is ready to lay the parking charges with interest in my maintenance bill as hey missed it and even provide a letter for the same.So how should i process with complaint
Parking spaces have often been a matter of prime concern for several apartment complexes. Often there are some disputes like allocation of spaces or the fee structures. In recent times, developers and builders charge anywhere in between Rs. 2 lakhs to Rs. 15 lakhs for dedicated parking spots, which at times are more than the value of the vehicle itself. If at all you are purchasing a new property and intend to negotiate with the builder then you must know that a builder is not authorized to sell parking spaces as individual real estate units
What does the law say?
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. 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 the parking spot 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 Maharashtra Ownership Flats (Regulation of the promotion of. 3. construction, sale, management and transfer) Act, 1963, 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.”
Thus, you can approach the redressal board of the society itself or you can also proceed with a civil suit in the said matter, you will have to file a complaint against the said owner.
What does the law say?
According to the “Apartment Act” in most states, car parking is a part of the society’s common areas. Since the purchase of parking slots has been deemed illegal, the transaction to purchase would become null and void. 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 the parking spot 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 Maharashtra Ownership Flats (Regulation of the promotion of. 3. construction, sale, management and transfer) Act, 1963, 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.”
Thus, you can approach the redressal board of the society itself or you can also proceed with a civil suit in the said matter, you will have to file a complaint against the said owner.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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