Published On: Thu, Aug 26th, 2010

Car Parking

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By  Adv. Chhaya Khamkar

Types and Definition of parking

Stilt  - A pair of poles with foot-rests, enabling the user to walk with feet at a   distance above the ground; piles or posts on which a building stands.

Open -  Means an area forming an integral part of a site left open to the sky.

Garage - A building for housing a motor vehicle or vehicles. An establishment which sells fuel or which repairs and sells motor vehicles.

Garage

Public –  It means a building or portion thereof , designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, hiring, selling or storing or parking motor driven or other vehicles.

a)   Parking Rules

Co-operative society can and should frame parking rules. Normally co-operative society should ask for the details of the vehicles to be parked including a certified copy of the RC book should be insisted upon from the member while submitting the application for parking slot After receipt of the above said paper/ documents the society should allot a parking slot. The society may even allot a sticker and/or may even instruct the member that without the parking sticker the vehicle shall not be allowed to be parked in the society compound.

b)  Policy of allotment of parking spaces, and stilts

Under Section 78 of MOFA Act, The allotment of parking space/ stilts shall be made by the committee on the basis of ‘first come first served’, for unsold and available parking spaces. However, in case of Parking Space/ stilt allotted by the society, the member shall have no right to sell or transfer the said allotted parking space/ stilt to anybody.

c)   Applications for allotment of stilts or parking spaces

Under Section 83 of MOFA Act, The member, desiring to have a stilt or a parking space, may make an application to the Secretary of the society giving necessary details. The procedure for disposal of applications for permission under this bye-law, as laid down under the Bye laws No.65, shall be followed by the Secretary and the committee of the society.

d)   Eligibility for allotment of stilts or parking spaces

Under Section 81 of MOFA Act, A member, having a motor vehicle, will only be eligible to have a stilt or parking space. No member shall normally be eligible for being allotted more than one stilt or a parking space for parking the car owned by him. If any stilts or parking spaces remain unallotted for want of applicants for allotment, a second or third stilt or parking space may be allotted to the same member who has earlier been allotted the stilt or parking space. Such allotment of 2nd or 3rd stilts/ or parking space shall be made on year to year basis, provided the same is not required by another member, who is not allotted even a single stilts / or parking space.

 Under Section 82 of MOFA Act, In case the numbers of vehicles of eligible members are in excess then the available parking space/ stilts, the Managing Committee shall allot such parking space/stilts by “lot” on yearly basis.

e)   Car Parking Slots 

Sale of car parking slots is a controversial matter. It would be of interest to note that the definition of flat in the model bye-laws includes a godown but does not include an open car parking space. It is an open secret that builder sale open car parking. Conflicting judgments have been given by courts on matter related to car parking. In the landmark judgment delivered by the Maharashtra State Co-operative Appellate Court Mumbai in the case of M/s Prakash Auto v/s Aranja Arcade Premises Co-operative Society Ltd. & ors. has prevented the Builders from allotting-selling or otherwise disposing of the disputed car parking spaces. The implications of the above said judgment is that even if the builder sells car parking space in the basement, a co-operative society is entitled to allot the car parking space in the basement to their members on the basis of the resolution passed by the society at its General Body Meeting.   Now no builder can sell parking space under stilts separately, the Bombay High Court has ruled in re- Nahalchand Laloochand Pvt. Ltd., that a stilt parking space is a common parking space available to members of the housing society and not an additional premises or space available for the builder or developer to sale either to any member of the society or any outsider and further clarified that even under DC rules the developers had to provide car parking spaces, wherever carpet area of the flat is more than 35 sq meter and estoppal do not work against statutory provisions. Apart from this fact the court has also considered the definition of flat under Maharashtra Ownership of Flats Act, which includes open and parking spaces in area if the flat wherever area is counted as super-built up.

f)   Parking Space

Means and enclosed or unenclosed covered or open area sufficient in size to park vehicles. Parking space shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.

Under Section 80 of MOFA Act, marking of parking spaces or stilts is the way that no inconvenience would be caused to any of the member of the society. Where any stilts have been built or open space in the society’s compound is available for parking of cars, the society shall number the stilt or the open space for the purpose of no disputes caused between the members of the society. As per the Development Control Regulations it is necessary 10% car parking space should be kept for the visitors.

Under Section 79 of  MOFA Act, the restrictions are given on use of car parking and stilt parking that ‘No member shall be entitled to utilize more parking spaces / stilts than what is allotted to him by the committee, or which he has purchased’.

As per the Development Control Regulations for Greater Mumbai 1991, one parking space for every 8 sq. mtr. Of the floor area up to 800 sq mtrs. and one parking space for every additional 160 sq. mtrs. Of area is required to be provided. For hotels one parking space for every 60 sq. mtrs. Of the floor area is required to be provided. For Grade I Restaurant, one parking space for every 25 sq. mtrs of area of the restaurant, including hall, dining room, pantry and bar must be provided. For the Grade II and Grade III hotels, the requirement is one parking space for every 80 sq. mtrs of the areas.

g)   Parking Charges

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. The General body of the Society can definitely fix up the charges for the 2nd and 3rd car etc. Therefore, the member will have to pay the parking charges for a particular month irrespective of the fact that he has parked the vehicle for a few days. Where a member has been allotted more than one stilt parking space, he shall pay parking charges in respect of every such stilt or parking space, as decided by the General Body Meeting.

h)   Commercial use of Garage

Garage allotted for car parking cannot be used for commercial purpose except with the permission from the Bombay Municipal Corporation. At the time of the construction of garages an undertaking has to be given to the Municipal Corporation that they will be used only for car parking. If Society use car parking for commercial purpose it breaches under Co-operative Laws there is also violation of the Bombay Municipal Corporation Rules. Garage allotted for car parking are exempted from the F.S.I Calculations. However, if there is extra FSI or the benefits of TDR are available to the said property then such garages used for Car Parking can be regularized for commercial activities.

i)  Stilt Parking  

No member can cover a parking stilt; it is open space. It needs to be emphasized that while submitting the plans certain areas are shown as open space and parking stilt is normally shown as open space. The open spaces are not included in FSI calculations.

j)  Criminal case against the builder 

Many times builder gives false promises to the flat purchasers and also does not comply with their statutory obligations as are stipulated in the MOFA (The Maharashtra Ownership Flats Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963. In such circumstances the options available to the flat purchasers/ society include filing a complaint in the Consumer Court as well as initiating criminal action before the criminal court against the Builder.  Even selling away the car parking is one of the offences under the MOFA Act. The society can bring Criminal complaint against such Builder under various sections of Indian Penal Code.

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  1. Sandeep Punwatkar says:

    Dear Mam,
    I have been allotted the CAR parking in the new Society. In the agreement later, it was mentioned that the CAR parking is Covered Car Parking below Building mentioning the Slot H15. But at that time the building was under Construction. And now at the time of possession, it is coming in picture that it is below the Duct Area, not below the building even though it is Covered. There may be price difference for thee both types of parking slots, which builder is still not disclosing.
    Is it legally correct, and Can I claim for the below building CAR parking or for difference in the Car parking value?

  2. Chandra says:

    I had purchased the flat at Kandivali (E) in 2000 without car parking space. Society, has still not allotted me the open car parking space since 2009 when the application was given, stating that many flat owners have purchased car parking from builder. There have been flat owners with more than 2 or 3 vehicles who park their vehicles inside the premises where there is open parking space & the society it seems is charging them Rs 700/= pm for the same. I am also ready to pay, but I have been denied so far with some excuse as it seems these people are more powerfull. Could you please let me know about my legal right for getting the parking space

  3. Sanjeev says:

    I am a secretary of the housing society at Dadar (west). One of occupant of commercial premises in our society has refused to abide by the rule framed by society’s managing committee that ‘outsiders parking is not allowed’. He argues and abuses to societys security man and refuses to park outside society premises. His employees seemed to be notorious and say they will park in society premises and they do park inspite of written complaints and opposition to not to park. 
    Is there any competent govt. authority which can toe away these vehicles or punish the offenders of the law breakers ?? Pl advise.

  4. Dilshine says:

    Hello,
    I live in a building on a rented basis and live in 2 rooms. There are tenants living in one room, 3 rooms and entire flat of 4 rooms as well in our building.
    Our building along with the neighboring building will soon be clubbed as one and go under redevelopment. Could you please guide me if I am eligible for a parking space since I own a car. My only concern is since I own just 2 rooms, will I become ineligible to own a parking space ?? Also, are old tenants to be given preference over new tenants when it comes to parking spaces?? Please guide.

    Regards,

  5. Siddharth Shah says:

    I understand from this that builder promoters cannot sell parking space. But why is govenment collecting stamp duty on parking space. Recently i registered agreement where builder had alloted parking space in agreement and registrar and put addtion stampduty on car park value of rs.184000 which come to 5 % is Rs.9200 . Then why at all there is a stamp Duty clauses on parking space.

  6. sudhindra says:

    I had booked a flat in 2004 and took possesion of the flat in 2007. i did not purchase the parking slot though they were 4 stilt parking available. there has been considerable increase in the no of cars in the society since then, the builder does not allow parking in the stilt areas and most of the time i do not find parking space in the open areas. i wish to purchase the stilt parking now. the society has been formed without the consent of the builder and the conveyance is still pending. the builder is ready to get the stilt parking registered with stamp duty. kindly advice

  7. pankaj trivedi says:

    Dear advocate chayya, Our society special AGM has passed a resolution which contradicts the SECTION 81 of MOFA ACT. They want to treat 2nd car of Stilt parking owners as their 1st car for open parking space lucky draw. By implementing this rule, few genuine first car per flat owners are forced to park their cars on road. Can I challenge this unjust resolution passed in AGM? If yes how shall I fight this injustice? Pl advice.

  8. anagha says:

    the parking sticler rules in my building have been revised lately. the sticker issued initially is apparently not valid now and a new sticker bearing private details like building name and flat number is being issued and they have asked to stick it on the front side ont he surface of the vehicle which results in spoiling of the surface. the sticker has a plastic cover over the paper but mine was damaged by some public miscreants at a public parking. Then when i went to ask for a new sticker i am being fined rs 100 for no fault of mine as they have made up a rule saying a vehicle will not be issued a sticker more than once. i would like to know how public damage is my fault and why i should pay a fine. And also i would like to know if the society is eligible to impose such fines on the residents for such reasons.And now my vehicle is not being allowed into the premises as i have no sticker but they wont issue one without the fine

  9. I am staying in a building which was constructed in 1935.There are two car garges in the building since then.My land lord is a hotelier.He bought our building in 2003.He has converted these garage for commercial use causeing lot of nuicense to me has i am residing on ground floor.Is this allowed by mumbai corporation?Can i take up the issue with mumbai municipal corporation.Kindly advice.

  10. Madhav Prakash says:

    Hi, I have purchased 2 parkings from the builder and he did not share parking layout with me at that point of time and insisted that he would give me best of 2 parkings lots. Now he is telling me that you would be getting front and back parking with no exit from the front. That means I have to move one car to move inside parked car. Can we really call this type of parking as 2 car parking. I feel like should be 1 parking space with extra space. I feel that he is trying to cheat me here. ( This property is in Bangalore ). Please help.

  11. SURESH BONGANE says:

    Required latest parking rules : Isn’t devloper can charge any amount for parking from customer ?

  12. rajan says:

    Hello 
    I live in a housing society in Thane. My brother is a primary member and myself is a co-member. I have few queries about the car parking. Kindly guide me.
    We have one car parking allotted to us by the builder.We own two cars. Recently we bought second car. Both cars are in the name of my brother who is a primary member and registered on the residence address.
    Now society committee has sent us a notice to park our second car out side society premises and fined us Rs.5000 as penalty.
    There are other members who have more cars than the parking lots allotted. I spoke to society committee members and requested them to allow me to park the second vehicle as we own a flat in this society. but they have threatened me to impound the car if the car is not parked outside society premises
    Few days back there was a notification to apply for second car parking. I could not apply as I did not see the notice.
    My question is – Can society committee has the right and authority to refuse the parking of second vehicle when the owner of the car is a bonafied member of the society and the car s are registered on the society address. Also how do I know they are following this rule for every member who owns multiple cars but they do not have parking allotted .
    Kindly help me to understand legality of this claim by the society committee members my right as a member of the society
    Thanks and regards

  13. VIJAYA ASHOK says:

    Dear advocate

    Aa per rules i did not purchase a car parking space. my flat is in Pune where almost flatholders have purchsed the parking slot for car under the stilt or open space. Since I have not purchased the car parking slot I m wondering how to solve the problem of my car parking in the society. I m going to purchase a car . In this regards kindly advise /help me how to deal with the problem without litigation.
    Thankiiig u

    r

    regards.

  14. Vaidyanath says:

    I and anogther have purchased a parking space from the buildier. Our parking spaces are adjacent to each other. However, there is a smaill area in between which is very small and narrow. This area has been informed by the builder as being a public utilitly area. Further the builder mentioned that the same has to be kept open. We have the parking layout which also confirms the same. Now managing committee wants to allot this space and change the markings of the parking space allotted ot both of us. This is going to be a challenge for both of us who are planning to purchas/ e SUV’s.

    Can the managing committe redraw the parkling area orgnially allotted by the builder ? Second what is the definition of public utility area ! If there are pipes on the wall adjacent to such area which needs to be accessible can the managing committee arbigtrarily do this ! What are the remedies for the members affected in such cases

  15. Ashween Menda says:

    Madam,
    A member of Flat is provided 1 parking per flat. Is the children of the flat owner (member) who own a car entitled to park the car in same car parking slot which the member(owner, father) is allotted. 
    Regards
    Ashween

  16. Madan Nayak says:

    Dear Madam,
    My querry is that i live in Hsg in Koperkhairane Navi Mumbai for the last 6 years,Bfore the society was formed the builder had alloted parking space to the members as first cum first basis,Now after 6 six years society has sent all the members circuler saying that all the parking spaces will be made anguler,& also by shifting main gates will creat extra parking spaces,which will auctioned to the members who do not have parking space,Can society change parking size & space alloted by builder? can they auction the extra parking to the members.Kinly reply

  17. Abhijit Sardesai says:

    Madam,
    We have a curious case wherein a three bedroom flat is actually registered as 2 flats –

    e.g. 401 & 402 – so it ends up having 2 share certificates and possibly 2 members. It becomes complex as in one flat , both members are the same individual whereas in other case, for 401, the husband is the me,ber and for 402 , the wife is the member.

    In such cases , do husband and wife BOTH get a parking space each ?

  18. hemlata says:

    i am residing in a society which has open car parking.the problem is that i have to park my car anywhere[as no specific parking place is provided] most of the time as i return home late  because of my working schedules.my society is not paying attention to my repeated request for giving me & all car owners a definite parking slot.Now the society secretary targeting me because of his previous quarrels with me on some other issue.he has warned me in the words that HE WILL THROW MY FOUR WHEELER & TWO WHEELER VEHICLE OUT OF THE SOCIETY PREMISES BECAUSE ACCORDING TO HIM I PARK MY VEHICLE WRONGLY.SECRETARY USED BAD WORDS.AND INSPITE OF ALL THESE HE HIMSELF MADE A COMPLAINT OF ME. LET ME KNOW IS THERE ANY RULE IN OUR LAW TO TAKE ACTION AGAINST SUCH A SECRETARY.KINDLY HELP ME.

  19. George Joseph says:

    Hello, recently since my cousin secured a job abroad i will be using his bike for 2 months, based on this i requested the society for parking in my building. The society says since the bike is not in my name i will not be allowed to park it in the building.. please let me know if i can park the bike in the building or if there is some rule like this.

  20. Viswanathan says:

    Is the Car  Parking slot  (Bigger or smaller cars)  allotted based on the area of flat in an apartment? In my apartment, they had mentioned that the allotment has been made based on the area of flat for .e.g 1140 sft has been allotted bigger car parking whereas for 960 sft  they had allotted small car parking.  Is it correct as per Karnataka apartment rules?

  21. Harish B says:

    I have brought a flat in Dahisar on aug. 2010 . The seller has been alloted a stilt parking along with the purchase of the flat. The parking space is properly registered. I have purchased the flat, soc. is not allowing to to complete the parking purchase from the seller. They say, even if I buy the parking space, i will be not be allowed to use the same. Currently the parking space is with the seller, and he is parking is vehicle there. The seller is moved out on rental basis in a different flat in the same society. What should do ? I want to buy the parking space. I am parking my vehicle outside.

  22. kripa pathak says:

    HELLO MEM ,
    MAINE NAVI MUMBAI MAY SEP 2009 MAY EK FLAT KHARIDA THA ,( JO KI AIROLI MAY HAI ) AUR USKE SATH STIL CAR PARKING BHI BUILDER SE ISSUE KARVAYA THA. BUILDER NE HAME STIL CAR PARKING KE LIYE ALLOTMENT LETTER DIA BHI HAI .
    AB JAN 2010 MAY BUILDING MAY SOCIETY BAN GAI HAI , SOCIETY KE LOG KAHTE HAI KI AAP KI PARKING UNLEGAL HAI , AAP KO BUILDER NE CHIT KIA HAI .
    MEM , HAM AAP SE SIRF ITNA PUCHATE HAI KI SUPRIM COURT KA ORDER SEP 2010 MAI AYA THA , TO KYA VAH ORDER SEP 2010 KE PAHLE JISNE BHI STIL CAR PARKING LIA HAI USPER LAGO HOGA .BCZ . LOGO KA KAHNA HAI KI S.COURT KE ORDERS FUTERE KE LIYE LAGO HOTE HAI ,PAST KE LIYE NAHI .
    ABB ISKI SAHI JANKARI AAP SE HI MIL SAKTI HAI , ISLIYE PLEASE HAME UCHIT SALAH DIGIYE .
    DHANYAVAD.
    KRIPA.

  23. mitesh shah says:

    dear medam,
    my issue of parking is also same as other post here. our co-op hsg soc. is having a 19 houses and the parking area is only 6+6=12 car. in which 6 is already a paid parking. and 6 is open space parking, now the problem is i have one paid parking and i used to park my secound car in open space from last two years but now i have received a letter from my society that i have to park my car out side of society because another member have objection. according to other member and society secratery, i have already one parking so i cant park my 2nd car. can you justify the law???

  24. VIJAY KUMAR ACHTANI says:

    Hello,
    I live in a housing society in Jogeshwari. I am a primary member. I have a query about the car parking.
    I have one car parking allotted to me by the builder in which my old car used to be parked. Recently I bought a second car. Both cars are in my name and registered on the residence address. Most of the cars are parked in the parking slots allotted by the builder and the open space inside the building is utilised for
    parking of visitors cars. I have started parking my second car in open space. Now society committee has sent me a notice to park my second car out side society premises. My question is – Can society committee has the right and authority to refuse the parking of second vehicle of bonafide member and give preference to visitors .
    Kindly help me to understand legality of this claim by the society committee members and my right as a member of the society
    Thanks and regards

  25. Farzana says:

    we have purchased a flat in 1991 in a resale we were told that open car parking is inclusive of the flat we were not given any allotment letter that time nor any parking is mentioned in the agreement.But hold one parking lot since then, society was formed after 10 years, and now they are claiming my parking lot.Kindly please tell me about the rules in 1991.

    thanks

  26. kavita says:

    can a builder sell 3 parking lots to a member owning only 1 flat in the registered society of 78 flats. the secretary and the committee members are allowing a single flat owner to park 3 vehicles inside the compound of the society stating that the builder has sold 3 parking lots to that member. Even if the builder has sold 3 parking lots (in the year 2004) but the society was formed only in 2008. please advise me the rules regarding the sale of parking lots (even if legally sold by the builder) and that can a single member of the society (of 78 members) enjoy this privilege. i am staying at sanpada (e) navi mumbai

  27. Prashant says:

    Dear Adv Chhaya Khamkar,

    If any member gives his flat on rent , then whether he contiues have allotted car park ? Whether he can Rent his Allotted car park to his tenant? If not , If other member who is in queue can start parking his car in his place ? Whether new member have to vacant his car park , if origional comes back to stay ?

    If Members sold his car , what is time period should allowed to but new one ?

  28. Amit mepani says:

    we are Tenants of a society . our landlords are Trursts. now we are going for redevelopment . everything is been settled like extra area everything. Bu now the car parking is not given free to us and the new builder who will be our new landlord will sell the parking to us. The builder had given money to the landlords who are the trurst. their share. so now can the builder sell the parking to us or are we entitled free parking under the rent control.

  29. Manoj S Karde says:

    Hello Madam,

    I have a flat which I have given on a rent , Till now I was using the open space in the society to park my car like all other members do. My society has restricyed that no parking space will be given to tenants , which I hasve already accepted now they say that even I can not park my car in the open space since I do not stay in the building. There is no parking slot given to any member the open space is used for parking. some members have one flat and they are parking more than two vwhicles.
    Can society restrict me from parking my vehicle as I am non residing memebr….
    Requesting your guidance

  30. WE HAVE FOUR CLOSED GARAGES IN OUR SOCIETY OUT OF WHICH WE OWN TWO OF THEM NOW TELL ME IN CASE OF REDEVELOPMENT OF OUR SOCIETY WHAT IS THE BEST COMPENSATION WE CAN GET FOR OUR PROPERTY CAN THE AREA BE INCLUDED IN OUR EXISTING FLAT OR CAN WE ONLY ASK FOR MONETORY RETURNS. IS THERE ANY FORMULA OR BYE LAW STATING ITS SOLUTION ACCORDING TO NEW DCR RULES. KINDLY GUIDE ME

  31. raj says:

    Hello.
    I ham a resident of a ground floor ownership flat. The society has granted permission for a car park 2 feet away from my bedroom window. Thus I have no privacy. Is there a law stipulating no parking close to windows mobile f ground floor flats?. Also the society tells me putting box grills is not allowed by BMC. Is this true?. Sincearly in need of help.many thanks

  32. raj says:

    Hello.
    I am a resident of a ground floor ownership flat. The society has granted permission for a car park 2 feet away from my bedroom window. Thus I have no privacy. Is there a law stipulating no parking close to windows of ground floor flats?. Also the society tells me putting box grills is not allowed by BMC. Is this true?. Sincearly in need of help.Many thanks

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