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Car Parking in residential area.
01-May-2023 (In Property Law)
I have purchased a 2bhk in Kalyan and got the same registered it about an year back. At that time the builder had told me that he will give me an allotment letter for stilt car parking (verbally), he gave the same to me. Car parking is nowhere mentioned in the agreement. Only document I have is the allotment letter for stilt car parking given to me by the builder. Now the society is formed and few members (who don?t have the car parking allotment letter) are objecting and creating disputes regarding this car parking. My question? 1)Since builder has issued a stilt car parking allotment letter can any body including the society oppose the same and prevent me from parking my car? 2)Is this stilt car parking allotment letter valid legally? Please advice?
Society can change allotment of car parking slots. It has to be seen how many car parking slots are available and how many members are having flats. Each member should be given one car parking slot. If shortage of stilts then society can by resolution passed in AGM allot same by drawing of lots on annual basis.
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Adv. Siddhant Sharma
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Can society cancel parking allotted by builder?
2. Can the society, once it has been formed, cancel the parking allocation for builders by law? Once the society is formed, and the rights regarding the general management have been transferred to it, the society can rule out any illegal acts committed by the builder through a resolution.
Is parking allotment letter is enough?
It is sufficient to use the designated parking space. Its not a specific space that is designated or earmarked, but rather a general alloted one. In the sale agreement, its best to include the parking numbers.
Can builder allocate open parking?
According to the Real Estate Regulatory Authority, builders are not allowed to sell covered or open parking spaces. Parking is a basic amenity that the housing society offers. Builders cannot charge for parking. 15 Sept 2022
Is parking allotment letter by builder legal or illegal?
Is allotment for parking a legal document or not? If its mentioned in the builder/buyer agreement then yes, this is a legal document. You can make a complaint to the RERA Authority in this situation.
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