Can Apartment Condominium Committee rent out vacant parking space.

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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.

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Rules pertaining to Parking Spaces in Apartment ComplexesPosted in Legal, Society Management By krish On February 19, 2015
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.

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What are the different types of 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.
Garage Parking – Fully covered complete parking structures
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 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.

When it comes to charges levied for parking spots, the law states “Under Section 84 of the MOFA Act, 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.”

Here are some FAQ’s about Parking Spaces and answers to them

Can a member hold a parking space if he has purchased the same?
A builder has to provide a certain number of parking spaces basis the number of units of houses. As per a mandate from the Mumbai High Court, the builder is not allowed to sell parking spaces outside the FSI consumed. This has been confirmed by the Supreme Court of India too.



How can the managing committee handle the allotment of parking spaces?
Parking spaces are common spaces which belong to the housing society. Allotment of the same is at their discretion and the same can be done by means of First Come, First Serve or however the managing committee deems fit.

Who owns the parking space?
The apartment complex “Solely” owns the common spaces (Stilt or Open)
The members DO NOT own these spaces
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
Registered members include family members and associate members
Tenants are Nominal Members and have no rights of a regular member, which includes having no rights of parking in the CHS premises. However, at the discretion of the Managing Committee, parking can be an extended as humanitarian facility to the nominal members.
Parking area (Stilt, Open or whatever) is not covered under Floor Space Index (FSI) and hence is not saleable.
The bye-law provision pertaining to Parking “RIGHTS” is a gross violation of the various BMC & Fire act rules and has got no force of law, in Court of Law.


Can the Managing Committee refuse to allot parking space to its members?


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.



What are the typical parking charges?
The typical parking charges are laid down by the general body. They may range from Rs. 10 to Rs. 10,000 per month. It also depends on the type of vehicle i.e. 2 wheeler, 4 wheeler and so on. It is applicable only to registered members. You can read the guide to maintenance charge calculation in one of our blogs.

Who is responsible for the maintenance of the parking space?
The Managing Committee is responsible for the maintenance of the parking space. Its upkeep and safety of the vehicles has to be ensured by the managing committee members. They also have to provide common area lights and security for the members and the vehicles.

Can parking deposit be collected?


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.

You can always raise a ticket on your ApartmentADDA software to inform the managing committee if you are facing issues with regards to your vehicle parking.

If you have any doubts about parking spaces, feel free to ask them in the comments below

Advocate Siddhant Sharma LawRato