Builder has not allotted parking to all flat owners
22-Aug-2023 (In Property Law)
Builder has not allotted parking to all. He allotted parking as per his choice. Even he not use first come first serve basis. Majority is flat owners having allotted parking. Not allotted parking member are less in number. So society not allowing for re-arranging of parking. Society is saying allotted parking cannot be taken back. Builder has transferred right to society. Even some flat purchaser got parking by the builder & noted in agreement even their agreement is done late after the some flat holder who has not allotted parking. What is the quick solution instead a long fight?
"The promoter has no right to sell any portion of such building which is not flat within the meaning of Section 2(a-1) and the entire land and building has to be conveyed to the organisation. The only right remains with the promoter is to sell unsold flats.
"It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat.
the developers of residential apartments or commercial buildings must hand the parking areas over to the management organisation.
Building management committees (but NOT the developers) can still unbundle parking and charge for it if they choose to. I think such committees will find that charging/unbundling is a useful way to manage conflict over their on-site parking.
"It is, thus, clear that the promoter has no right to sell stilt parking spaces as these are neither flat nor appurtenant or attachment to a flat.
the developers of residential apartments or commercial buildings must hand the parking areas over to the management organisation.
Building management committees (but NOT the developers) can still unbundle parking and charge for it if they choose to. I think such committees will find that charging/unbundling is a useful way to manage conflict over their on-site parking.
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