Parking as per bye laws of the society.
V Srinivasan
(Querist) 22 December 2013
This query is : Resolved
As per law of the housing society, only persons having motor vehicle should be given stilt parking.
In our society one person informs that he has paid for stilt parking from the builder and has a letter of allotment with a number given. But he did not own any car and the parking is vacant for the last 3 years.
The society has request hime to give him parking to the society as he did not own any car at present and the society informed that the society will hand over the said parking once he buys a car.
Is the society is right in making a request? Whether society can charge maintenance from the person who is not owning a car?
Srinivasan
ajay sethi
(Expert) 22 December 2013
builder has no powers to sell car parking slot . society can frma e guidelines for allotment of car parking slot . since said member does not own any car society can allot said slot to another member .
M V Gupta
(Expert) 22 December 2013
As per SC decision parking space in a building forms part of common areas and cannot be sold by the builder. Hence the letter of allotment said to have been given by the builder has no validity in law. As suggested by Shri Sethi, Society should ignore the allotment letters issued by the builder for the parking space and lay down specific policy for allotment of parking spaces. The Society would in the instant case be within its rights to allot the parking in question to another member as per policy laid down by the GB.
