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Parking allocation in common areas of a condominium of apartment owner
26-Apr-2023 (In Property Law)
the managing committee has allocated parking space in common areas to a few residents by violating the parking bye laws and are denying me a parking space as a resident member.
Builder has no right to sell any car patking space. The reason is when a flat purchaser is purchasing a flat, he is paying certain amount for the common areas and amenities appurtenant to the primises.
The common parking area / stilts is the property of the said society as per the said High Court order and also as per the various provisions of DCR & MOFA Act. But, be advised that common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society and the society can allot it on ‘First Come First Serve” basis or in any other manner in accordance to decisions of all the members, within the frame work of the Model Bye-Laws & MCS Act, 1960.
The common parking area / stilts is the property of the said society as per the said High Court order and also as per the various provisions of DCR & MOFA Act. But, be advised that common parking area does not include the parking space that is reserved for each flat as per the provisions of DCR. Hence, this common parking space is the property of the society and the society can allot it on ‘First Come First Serve” basis or in any other manner in accordance to decisions of all the members, within the frame work of the Model Bye-Laws & MCS Act, 1960.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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