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Can the society committee stop me from parking my vehicle in open
23-Apr-2023 (In Property Law)
Sir, i had purchased office space in under constructed building in 2007. In the agreement builder put the clause that i cant park my vehicle in the premises. The building consists of 36 office space on first floor, 24 shops in ground floor,& 72 flats. Builder had sold stilt as parking space to flat owners & same has been incorporated in their agreement as flat area. Entry to the office is from inside the building premises. Flat owners uses the staircase & lift facilities & we uses the staircase (STAIRCASE IS COMMON). Soceity was formed in 2010 after the builder handed over the property. As a member holding share certificate can the society committee can stop me from parking my vehicle in open space inside the premises ?
A Bench of Justices R M Lodha and A K Patnaik in a judgement rejected the argument of a real estate development company that they are entitled to sell garages/stilt parking areas as separate flats to owners who intend to use it as parking facilities.
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"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, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage.
Thus, you can park your vehicle, also, if the society interferes then you can file civil suit in the jurisdictional civil court.
...
"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, Justice Lodha writing the judgement said. The apex court passed the judgement while dismissing the appeal of the promoter Nahalchand Laloochand Pvt Ltd challenging the Bombay High Court''s ruling that under the MOFA (Maharashtra Ownership Flats Act) a builder cannot sell parking slots in the stilt area as independent flats or garage.
Thus, you can park your vehicle, also, if the society interferes then you can file civil suit in the jurisdictional civil court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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What is the Supreme Court Judgement on parking in society?
In 2010, the Supreme Court ruled that outsiders and house owners do not have a right. Parking is included in basic amenities. 15-Sept-2022
Can flat owner sell parking space separately?
If you pay for covered parking, make sure that it is included in your agreement with the builder. The law prohibits developers from selling separate parking spaces, so they include them as part of the price.
Can I give my parking space to someone else?
The member is only allowed to park their vehicle in the space allotted. Goenka says that he is not the owner and therefore cannot charge a premium for the space. 26-Mar-2012
How do you solve parking problems in society?
Avoid excessive parking supply. Parking Management can be used to promote more efficient parking and solve any spillover issues that may arise from pricing. Transportation Management Associations can provide parking management services and brokerage in specific areas.
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