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Is providing parking I open area in a society legal ?


We are staying in an apartment of around 500 flats. All the flats have a stilt parking marked and allocated except 3 flats for which the builder agreed to allocate in open space with a shed. Now after constructing the 3 sheds, he is marking all open spaces with car parking and selling to flat owners who have second car. He is charging money for this but providing any legal receipt. This practice has severely reduced the open space and made the entire place congested, including the common approach roads where he has marked on one side. After a meeting with the builder he claims that it is a normal practice to do it and he has few 1BHK houses(45) which do not have stilt parking. He says it is the right of those people to get a parking inside the campus and so he will allocate to them on first come first serve basis, and also to people who opt for second parking by paying the cost of the parking. Can I know if we can legally challenge the builder and get all the open parking dissolved


Answers (2)

No flat owner can demand an exclusive parking place in the parking lot created in the stilt floor, as such area is common to all flat-owners/residents. However, the builder cannot allot parking slots in common drive-ways and passage-ways, in gross violation of the lay-out and the building plan approvals given by the competent authorities. You may send a legal notice to the builder and also complain to the CMDA and the Corporation authorities.


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It depends on the planning permit and the agreement entered between the builder and the buyers of the flat and what is the extent of common area marked for the community. If there is a mentioning about the common area and then what he is doing is not correct and can proceed legally.

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